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HomeMy WebLinkAboutSUB202000048 Correspondence 2021-04-02Cameron Langille From: Cameron Langille Sent: Friday, April 2, 2021 10:04 PM To: Bethany Velasquez Cc: Steve Krohn (skrohn@resortscompanies.com); Garrett Smith; Seth Roderick; Don Franco Subject: RE: SUB202000048 Belvedere Sidewalk Easements - First Review Comments Attachments: Easement_Plat_Checklist.pdf Hi Bethany, Thanks for giving me an update. I was CC'd on some emails between the County Attorney, County Engineer, and the developer's team regarding these easements about a month ago but I haven't heard any updates in a little while. Now that the County Attorney and County Engineer have said that the easements can move forward as proposed, a new easement plat application will need to be submitted. SUB202000048 had comments sent back on April 6, 2020, but a resubmittal to address comments was not submitted within 6 months, as is required by the Subdivision Ordinance. So, that plat is deemed as withdrawn. This can still be processed and approved, but a new application will need to be submitted. I've attached a PDF of the application to this email. Once we receive the application and fee, the County will work on drafting the deed. Please let me know if you have any questions. Thanks, Cameron Langille (pronounced "LAN-JILL") Senior Planner 11 Albemarle County blangilleCc@albemarle.org 434-296-5832 x3432 401 McIntire Road, Charlottesville, VA 22902 From: Bethany Velasquez <Bethany@roudabush.com> Sent: Thursday, March 25, 2021 12:56 PM To: Cameron Langille <blangille@albemarle.org> Cc: Steve Krohn (skrohn@resortscompanies.com) <skrohn@resortscompanies.com>; Garrett Smith <gsmith@resortscompanies.com>; Seth Roderick<sroderick@monteverdedesigns.com>; Don Franco <DFranco@roudabush.com> Subject: RE: SUB202000048 Belvedere Sidewalk Easements - First Review Comments CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Cameron, I hope you are doing well. Based on a meeting with Frank Pohl last week regarding the sidewalk easement plat for Belvedere. It appears that everybody is on board with creating easements on the sidewalk portions. I've attached a copy of a revised plat showing the updated lot ownerships and also the building locations relative to the easements. Andy Herrick will be drafting the necessary Deed of Easement that this plat attaches to, and County Legal and Engineering will drive its language so that it mirrors what the County has so sign with VDOT. Frank Pohl has asked that we get plat approval subject to the Deed language, which will be provided upon approval of the plat. Please let me know if you have any questions or need any additional information. Thanks! Bethany Velasquez Roudabush, Gale & Associates 434-977-0205 From: Cameron Langille <blaneille@albemarle.ore> Sent: Monday, April 6, 2020 4:05 PM To: Bethany Velasquez <Bethanv@roudabush.com>; Don Franco <DFranco@roudabush.com> Subject: SUB202000048 Belvedere Sidewalk Easements - First Review Comments Hi Bethany & Don, Attached you will find the first review comments for this plat. Please note comment #1 from the Planning Division, and subsequent comments from Engineering, transportation planning, and VDOT staff regarding locating new public easements on private lots. When new public easements containing road improvements (such as sidewalks) are proposed on private lots, the developer must enter into a three-way maintenance agreement with the County and VDOT. This requires a vote by the Board of Supervisors. This is not unique just to Belvedere, but all properties in the County with this type of easement proposed. Upon consultation with the Planning Director, County Engineer and County Attorney's office, a better solution would be to revise the parcel boundaries of each lot through a boundary line adjustment unless this would conflict with the Zoning Ordinance, Subdivision Ordinance, or Code of Development regulation. It does not appear that there would be any issues with doing the BLA instead. However, I need you to verify whether you have already looked into this option and identified an issue. If you can go the BLA route, you do not need to submit a new application and fee to me. You'd simply need to revise the plat so that it complies with all applicable Code requirements under Section 14-208.1 and the Belvedere Code of Development. I have attached a copy of a BLA application that includes a checklist of the applicable code sections for your reference. Additionally, the County would be able to refund you the fee difference. Easement plats are $581.00, but BLAB are only $215.00, so you'd be eligible for a $366.00 refund. If you go this route, contact Jennifer Pritchett at jpritchett@albemarle.ors and she can initiate the refund process. Please do not hesitate to ask me any follow-up questions if you have concerns with any of this. If you revise the plat and want to go the BLA route, just reply to this email confirming that's what you intend to do. You can then re -submit the revised plat to me electronically via email whenever you're ready. Talk to you soon, Cameron Cameron Langille I Senior Planner Community Development Department Planning Division blaneille@albemarle.ore (434) 296-5832 ext. 3432 Cameron Langille From: Bethany Velasquez < Bethany@roudabush.com > Sent: Thursday, March 25, 2021 12:56 PM To: Cameron Langille Cc: Steve Krohn (skrohn@resortscompanies.com); Garrett Smith; Seth Roderick; Don Franco Subject: RE: SUB202000048 Belvedere Sidewalk Easements - First Review Comments Attachments: SIDEWALK EASEMENTS-20210325.pdf CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Cameron, I hope you are doing well. Based on a meeting with Frank Pohl last week regarding the sidewalk easement plat for Belvedere. It appears that everybody is on board with creating easements on the sidewalk portions. I've attached a copy of a revised plat showing the updated lot ownerships and also the building locations relative to the easements. Andy Herrick will be drafting the necessary Deed of Easement that this plat attaches to, and County Legal and Engineering will drive its language so that it mirrors what the County has so sign with VDOT. Frank Pohl has asked that we get plat approval subject to the Deed language, which will be provided upon approval of the plat. Please let me know if you have any questions or need any additional information. Thanks! Bethany Velasquez Roudabush, Gale & Associates 434-977-0205 From: Cameron Langille <blangille@albemarle.org> Sent: Monday, April 6, 2020 4:05 PM To: Bethany Velasquez <Bethany@roudabush.com>; Don Franco <DFranco@roudabush.com> Subject: SUB202000048 Belvedere Sidewalk Easements - First Review Comments Hi Bethany & Don, Attached you will find the first review comments for this plat. Please note comment #1 from the Planning Division, and subsequent comments from Engineering, transportation planning, and VDOT staff regarding locating new public easements on private lots. When new public easements containing road improvements (such as sidewalks) are proposed on private lots, the developer must enter into a three-way maintenance agreement with the County and VDOT. This requires a vote by the Board of Supervisors. This is not unique just to Belvedere, but all properties in the County with this type of easement proposed. Upon consultation with the Planning Director, County Engineer and County Attorney's office, a better solution would be to revise the parcel boundaries of each lot through a boundary line adjustment unless this would conflict with the Zoning Ordinance, Subdivision Ordinance, or Code of Development regulation. It does not appear that there would be any issues with doing the BLA instead. However, I need you to verify whether you have already looked into this option and identified an issue. If you can go the BLA route, you do not need to submit a new application and fee to me. You'd simply need to revise the plat so that it complies with all applicable Code requirements under Section 14-208.1 and the Belvedere Code of Development. I have attached a copy of a BLA application that includes a checklist of the applicable code sections for your reference. Additionally, the County would be able to refund you the fee difference. Easement plats are $581.00, but BLAB are only $215.00, so you'd be eligible for a $366.00 refund. If you go this route, contact Jennifer Pritchett at 0pritchett@albemarle.org and she can initiate the refund process. Please do not hesitate to ask me any follow-up questions if you have concerns with any of this. If you revise the plat and want to go the BLA route, just reply to this email confirming that's what you intend to do. You can then re -submit the revised plat to me electronically via email whenever you're ready. Talk to you soon, Cameron Cameron Langille I Senior Planner Community Development Department Planning Division blangille@albemarle.org (434) 296-5832 ext. 3432 Cameron Langille From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 23, 2021 4:13 PM To: Frank Pohl Cc: Steve Krohn; Kevin McDermott; Cameron Langille; Andy Herrick Subject: RE: FW: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thanks for the further explanation. I think Steve will try to ring you shortly, and I'll join that call if he let's me know when he rings you. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com From: Frank Pohl <fpohl@albemarle.org> Sent: Tuesday, February 23, 2021 3:02 PM To: Garrett Smith <gsmith@resortscompanies.com> Cc: Steve Krohn <skrohn@resortscompanies.com>; Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org>; Andy Herrick <aherrick@albemarle.org> Subject: RE: FW: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Garrett, I apologize for my lack of clarity. Before moving forward with easements/ROW adjustments, we will need confirmation that the ramps cannot be installed per design within the right-of-way. Unfortunately, the County was not involved in the discussions between VDOT and the contractor/owner. I think a discussion with the design engineer and possibly a site visit is in order at some point. Staff has been directed to accept maintenance agreements for projects that were approved prior to the policy change this past year. I realize there may be unforeseen circumstances that may necessitate an agreement but it is intended to be the exception and only if absolutely necessary. If the ramps cannot be modified to meet VDOT standards within the existing ROW, the first choice from a County perspective is to negotiate public ROW dedications from the individual land owners. This should be possible for the lots still owned by the builder where construction hasn't started. If this is not possible, easements may be the last option, but not until ROW efforts are exhausted. (Maybe there is another reason ROW dedications will not work, like setbacks?) If you have a moment, I think a call would help me understand all the issues a little better before scheduling a meeting with the engineer. Thanks, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County fpohl(@albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 23, 2021 12:15 PM To: Frank Pohl <fpohl@albemarle.org> Cc: Steve Krohn <skrohn@resortscompanies.com>; Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org>; Andy Herrick <aherrick@albemarle.org> Subject: FW: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thanks for this thread, Frank. We do appreciate it. Am I correct in interpreting that based on the thread you've now verified the existing ramps that we reworked are satisfactory to Albemarle County since they are satisfactory in the eyes of VDOT? Should I proceed to have the engineer who's helping us get the roads conveyed contact you to go over any further steps to satisfy your department? Please let me know. Once the engineering is satisfied with the structures that are in place, we'll submit a new as -built exhibit to planning and engage them about the ramp configurations and the challenges we have faced. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SprinKCreekLiving.com BEL DERE From: Frank Pohl <fpohl@albemarle.org> Sent: Tuesday, February 23, 2021 11:08 AM To: Garrett Smith <gsmith@resortscompanies.com> Cc: Andy Herrick <aherrick@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <bla ngiIle@albemarle.org> Subject: FW: FW: Belvedere Phase I I B Sidewalks and 5A Emergency Access Easement Garrett, Please refer below. Sincerely, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County fpohl@albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Moore, Adam<adam.mooreCa@vdot.virginia.gov> Sent: Tuesday, February 23, 2021 10:47 AM To: Max Greene <max.greene@vdot.virginia.gov> Cc: Frank Pohl <fpohl@albemarle.org> Subject: Re: FW: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Frank, That arrangement is still possible. Here is the link to the appropriate section of the design standards: VDOT Design Standards: Curb and Entrance Items If this is the spot in Belvedere I'm thinking of I went out with Joel some time ago to look at ramps. Essentially the ramps that had been constructed did not meet the standards due to various slopes and cross slope deficiencies. I do not think it was the '.shape". Maybe their engineer figured converting them to another type may facilitate obtaining the requisite slopes and dimensions. Adam J. Moore, P.E. Asst. Res. Engr - Land Use Charlottesville Residency Virginia Department of Transportation 434-422-9782 adam.mooreCrDVDOT.Virginia.gov On Tue, Feb 23, 2021 at 8:31 AM Greene, Max <max.greene@ydot.yir¢inia.goy> wrote: Frank, The CG-12 detail you circled is the one I've been preferring. This detail appears to work best with visually impaired individuals. We don't want pedestrians walking out into the intersection. Adam, Do you have any clarification? Respectfully, Max Max Greene Land Development Engineer - Land Use Charlottesville Residency Virginia Department of Transportation 434-906-6415 max.greeneCDVDOT. Virginia.gov On Tue, Feb 23, 2021 at 7:34 AM Frank Pohl <foohl@albemarle.org> wrote: Adam/Max, Is it accurate that VDOT is not allowing the type of CG-12 ramps circled below? Please refer to emails below for reference. I EXAMPLE INSTALLATION METHODS - SEE P1MLS FOR LAYOUT I M I CMOSsox� ` (\ CM f /� ONE DIRECTION WITHOUT BUFFER STRIP V U� Il ONE DIRECTION WITH BUFFER STRIP Cw c Oss*+ ca 11: CV Swk. f��fl TWO DIRECTIONS SMALLER RADII TWO DNECµLARGER RADII WITHOUT BUFFER STRIP WITN BUFFER STRIP .(D NO LCI[0 M./NC 5 oN •.E N TIC CCNMA R"Q. SKC1UTM 'TABLE WARNING SURFACE I (PARALLEL) APPLICATION Ds sw CEVNty[YT Thanks, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County foohl Opal bemarl e.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Garrett Smith <gsmith@resortscompanies.com> Sent: Monday, February 22, 2021 5:30 PM To: Andy Herrick <aherrickaherrick@albemarle.org> 10 Cc: Frank Pohl <fpohl@albemarle.org>; Steve Krohn <skrohn@resortscompanies.com> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement C/ This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thank you, Andy. Our engineer will be in touch with Frank Pohl about this. As a brief explanation for your benefit, the sidewalks were originally built as designed in early 2018 in accordance with the approved road plan. However, after the sidewalk design was approved by the County, but before their construction was commenced, VDOT promulgated new requirements for flared ADA ramps. Regrettably, we were not aware of those changes until the construction was completed. After the sidewalks were fully built and we learned of the new VDOT requirements, we paid to have our contractor rework the sidewalk termination points to add flare features in accordance with the new VDOT regulations because we were informed that VDOT would not accept the streets otherwise. We're sorry for all of the trouble this has caused. We thought we had dotted all of our is and crossed our is properly. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0:(434)220-77351F:(434)973-52171 M: (434) 960-7775 GSmith CdSori neCreekLivine.com From: Andy Herrick <aherrick@albemarle.org> Sent: Monday, February 22, 2021 2:17 PM To: Garrett Smith <gsmith@resortscompanies.com> 11 Cc: Frank Pohl <fpohl@albemarle.org> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, After my prior message last Saturday, the County Engineer alerted me that these sidewalks apparently were not constructed according to the approved road plan. At this point, the two simplest solutions would be: 1.to build the sidewalks as approved on the plan or 2.to dedicate the additional public right-of-way, not within a private easement The road plan below is SUB201200152. The County Engineer didn't look up the other road plan(s), but assumes they may have the same issue. See below that the sidewalks and ramps are parallel with the ROW line at the alleys. Keep reading below. i 1 W61Kegp MufN:ri•rn 1� / \ 'rr rn••• 1iGO Z w•w•I••arw�tp lrisa 1 1 arrrcr I RNILLW5 ALLEY 1•olottcr I i I MIVATL a'qN I N$ UMIMnwi LOTH II LOT IILOTSn IILOTab I LOTS •1 —`, I I II 11 It �, m'; #A 175 U r - '�" 11. _ — III III III IIII : �\ II IIII •\'\ LOT>fT{ n� �• ` II IIer I .w1•�•Iw'�'Arl I t �_ — � • I I»=t LOTan 'tlt �' ♦ i GRIFFENGROVE 1 � 171 /sue = ��— ^ 1 \♦ i 11+00 (ROUE • ♦\• I \I LOTSp n•'m ram+ ldr0 __" • r - �M '� ._ I . � Below shows how the sidewalks were constructed, with a radius that encroaches onto private property and a different ramp. 12 921 The ramps should be constructed as designed. Before removing, the County Engineer suggests that the owner(s) confi ni the correct HC ramp with VDOT, just in case. IF your clients have further questions, please have them work directly with Frank Pohl (fpohl@albeniarle.or¢), the County Engineer. Thanks. Andy Herrick Deputy CountyAttorney Albemarle County ahemck@albemarle.or¢ "972-4067 401 Mchitire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the hvended recipient only. It likely is protected by the attomepchent privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this email's contents in confidence to presen'e its protected status. Thandc you. From: Andy Herrick Sent: Saturday, February 20, 2021 11:17 AM 13 To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. To answer your question, VDOT and the County have now agreed on the language for the County -wide sidewalk maintenance agreement. The attached agreement is currently being circulated for signatures. At the same time, keep in mind that the County is not required to accept sidewalk maintenance agreements from individual developers. I think that staff will still need to be convinced that there are no other alternatives. Perhaps that can be part of the applicant's proposed discussion with staff upon resubmission. In the meantime, could you or the applicant prepare an exhibit (basically an as -built) that shows the sidewalk locations and right-of-way boundaries? I think that would help inform the upcoming discussion with staff. Please also ensure that any resubmission also addresses all prior staff comments. Thanks. Andy Herrick Deputy CountyAttomey Albemarle County ahemck@albemarle.or¢ 434-972-4067 401 Mchitire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the atmmepdient privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this email's contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 16, 2021 11:04 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement 14 This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: Following up your questions from January about the Belvedere sidewalks, we are waiting for our engineers' revised sidewalk easement plat, and will submit that when it is ready. For a number of reasons we and our engineers were not prepared to push the last plat forward —not the least of those was that there were additional corner lots identified that had sidewalk ramp flares encroaching into residential lots. The short answer to the questions raised by staff about whether lot boundary or setback reconfigurations could cure the problenm is unfortunately "no". Most of the 16 lots involved were sold to builders some time ago, homes were constructed, and then the improved lots were sold to homeowners. It is simply too late to modify the lot boundaries or setbacks. We'll go over that with Staff when we resubmit. Going forward, our process will necessarily now involve approaching the homeowners for an easement that will enable VDOT will accept the streets. My understanding is that those will entail private pedestrian access easements and a maintenance easement granted to the owner's association. We don't feel we should approach homeowners with a draft easement until VDOT and the County have reached an agreement. Only after that can we enter into an acceptable pass -through agreement with the County. The homeowners' easements will need to conform to the requirements of those documents. In the meantime, have you had any luck getting clarity from VDOT through it's AG? Can you let me know where that stands, or if I can be of any help? Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0:(434)220-77351F:(434)973-52171 M: (434) 960-7775 GSmith Ca)Sori neCreekLivine.com r aid 0 � a 1 �. 15 From: Andy Herrick <aherrick@albemarle.org> Sent: Friday, January 29, 2021 1:58 PM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. I shared your requests with Community Development staff, who told me that this plat was actually the subject of a full review last spring. Attached are the formal staff comments, dated 4/6/2020. As I noted to you around that time, locating required sidewalks outside the public right-of-way is not a common (or preferred) approach. Staff raised that issue in the attached Comment 1(a), which requested evidence for each parcel that would preclude adjusting the lot boundary lines. For example, if the lot boundaries are adjusted to put the sidewalks within the right-of-way, will some (or all) lots no longer comply with setbacks or minimum lot size regulations? In addition, I'm told that 1. The applicant never responded to the attached comment letter. As a result, the earlier plat was deemed withdrawn. The applicant would have to submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of potential maintenance agreement(s) with the County, these overlaps in and of themselves are a problem. In short, though a sidewalk agreement for this phase of Belvedere is now an option, at least in theory, it sounds as though there still are a number of staff comments to address, especially in showing why the sidewalks cannot be within the public right-of-way, before staff would recommend entering an agreement here. 16 Let us know how your clients would like to proceed. Thanks. Andy Herrick Deputy CountyAttomey Albemarle County ahernck@albeniarle.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is For the hvended recipient only. It likely is protected by the atmmepdient privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emaffs contents in confidence to preserve its protected status. Thatdc you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1.Following our discussion, please find attached a proposed agreement for Belvedere's Phase 11B sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase 11B roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase 110; where the sidewalk ramp structures encroach onto the residential lots. 17 I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2.Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWIM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended 18 recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 19 Cameron Langille From: Steve Krohn <skrohn@resortscompanies.com> Sent: Tuesday, February 23, 2021 3:55 PM To: Frank Pohl; Garrett Smith Cc: Kevin McDermott; Cameron Langille; Andy Herrick Subject: RE: FW: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Frank, I got your voicemail and will call you before end of day. We've been working to get that done, and I'll fill you in when we talk. I have to hop on two scheduled calls but will try you before 5:00. Steve Krohn (434)220-7701 From: Frank Pohl <fpohl@albemarle.org> Sent: Tuesday, February 23, 2021 3:02 PM To: Garrett Smith <gsmith@resortscompanies.com> Cc: Steve Krohn <skrohn@resortscompanies.com>; Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org>; Andy Herrick <aherrick@albemarle.org> Subject: RE: FW: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Garrett, I apologize for my lack of clarity. Before moving forward with easements/ROW adjustments, we will need confirmation that the ramps cannot be installed per design within the right-of-way. Unfortunately, the County was not involved in the discussions between VDOT and the contractor/owner. I think a discussion with the design engineer and possibly a site visit is in order at some point. Staff has been directed to accept maintenance agreements for projects that were approved prior to the policy change this past year. I realize there may be unforeseen circumstances that may necessitate an agreement but it is intended to be the exception and only if absolutely necessary. If the ramps cannot be modified to meet VDOT standards within the existing ROW, the first choice from a County perspective is to negotiate public ROW dedications from the individual land owners. This should be possible for the lots still owned by the builder where construction hasn't started. If this is not possible, easements may be the last option, but not until ROW efforts are exhausted. (Maybe there is another reason ROW dedications will not work, like setbacks?) If you have a moment, I think a call would help me understand all the issues a little better before scheduling a meeting with the engineer. Thanks, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle Countv foohl@albemarle.org 20 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 23, 2021 12:15 PM To: Frank Pohl <fpohl@albemarle.org> Cc: Steve Krohn <skrohn@resortscompanies.com>; Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org>; Andy Herrick <aherrick@albemarle.org> Subject: FW: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thanks for this thread, Frank. We do appreciate it. Am I correct in interpreting that based on the thread you've now verified the existing ramps that we reworked are satisfactory to Albemarle County since they are satisfactory in the eyes of VDOT? Should I proceed to have the engineer who's helping us get the roads conveyed contact you to go over any further steps to satisfy your department? Please let me know. Once the engineering is satisfied with the structures that are in place, we'll submit a new as -built exhibit to planning and engage them about the ramp configurations and the challenges we have faced. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com From: Frank Pohl <fpohl@albemarle.org> Sent: Tuesday, February 23, 2021 11:08 AM To: Garrett Smith <gsmith@resortscompanies.com> Cc: Andy Herrick <aherrick@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: FW: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, Please refer below. Sincerely, Frank Frank V. Pohl, PE, CFM 21 County Engineer Albemarle County fpohIC3)aIbemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Moore, Adam <adam.moore@ydot.yirginia.goy> Sent: Tuesday, February 23, 2021 10:47 AM To: Max Greene <max.greenePydot.yirginia.goy> Cc: Frank Pohl <fpohl@albemarle.org> Subject: Re: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Frank, That arrangement is still possible. Here is the link to the appropriate section of the design standards: VDOT Design Standards: Curb and Entrance Items If this is the spot in Belvedere I'm thinking of I went out with Joel some time ago to look at ramps. Essentially the ramps that had been constructed did not meet the standards due to various slopes and cross slope deficiencies. I do not think it was the "shape". Maybe their engineer figured converting them to another type may facilitate obtaining the requisite slopes and dimensions. Adam J. Moore, P.E. Asst. Res. Engr - Land Use Charlottesville Residency Virginia Department of Transportation 434-422-9782 adam.mooreCcDVDOT.Virginia.gov On Tue, Feb 23, 2021 at 8:31 AM Greene, Max <max.greene@ydot.yirginia.goy> wrote: Frank, The CG-12 detail you circled is the one I've been preferring. This detail appears to work best with visually impaired individuals. We don't want pedestrians walking out into the intersection. Adam, Do you have any clarification? Respectfully, 22 Max Max Greene Land Development Engineer- Land Use Charlottesville Residency Virginia Department of Transportation 434-906-6415 max.greene(ccaVDOT.Virginia.gov On Tue, Feb 23, 2021 at 7:34 AM Frank Pohl <fpohl@albemarle.org> wrote: Adam/Max, Is it accurate that VDOT is not allowing the type of CG-12 ramps circled below? Please refer to emails below for reference. 23 I EXAMPLE INSTALLATION METHODS - SEE P1MLS FOR LAYOUT I M I CMOSsox� ` (\ CM f /� ONE DIRECTION WITHOUT BUFFER STRIP V U� Il ONE DIRECTION WITH BUFFER STRIP Cw c Oss*+ ca 11: CV Swk. f��fl TWO DIRECTIONS SMALLER RADII TWO DNECµLARGER RADII WITHOUT BUFFER STRIP WITN BUFFER STRIP .(D NO LCI[0 M./NC 5 oN •.E N TIC CCNMA R"Q. SKC1UTM 'TABLE WARNING SURFACE I (PARALLEL) APPLICATION Ds sw CEVNty[YT Thanks, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County foohl Opal bemarl e.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Garrett Smith <gsmith@resortscompanies.com> Sent: Monday, February 22, 2021 5:30 PM To: Andy Herrick <aherrickaherrick@albemarle.org> 24 Cc: Frank Pohl <fpohl@albemarle.org>; Steve Krohn <skrohn@resortscompanies.com> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CI This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thank you, Andy. Our engineer will be in touch with Frank Pohl about this. As a brief explanation for your benefit, the sidewalks were originally built as designed in early 2018 in accordance with the approved road plan. However, after the sidewalk design was approved by the County, but before their construction was commenced, VDOT promulgated new requirements for flared ADA ramps. Regrettably, we were not aware of those changes until the construction was completed. After the sidewalks were fully built and we learned of the new VDOT requirements, we paid to have our contractor rework the sidewalk termination points to add flare features in accordance with the new VDOT regulations because we were informed that VDOT would not accept the streets otherwise. We're sorry for all of the trouble this has caused. We thought we had dotted all of our is and crossed our is properly. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0:(434)220-77351F:(434)973-52171 M: (434) 960-7775 GSmith CdSori neCreekLivine.com From: Andy Herrick <aherrick@albemarle.org> Sent: Monday, February 22, 2021 2:17 PM To: Garrett Smith <gsmith@resortscompanies.com> 25 Cc: Frank Pohl <fpohl@albemarle.org> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, After my prior message last Saturday, the County Engineer alerted me that these sidewalks apparently were not constructed according to the approved road plan. At this point, the two simplest solutions would be: 1.to build the sidewalks as approved on the plan or 2.to dedicate the additional public right-of-way, not within a private easement The road plan below is SUB201200152. The County Engineer didn't look up the other road plan(s), but assumes they may have the same issue. See below that the sidewalks and ramps are parallel with the ROW line at the alleys. Keep reading below. i 1 W61Kegp MufN:ri•rn 1� / \ 'rr rn••• 1iGO Z w•w•I••arw�tp lrisa 1 1 arrrcr I RNILLW5 ALLEY 1•olottcr I i I MIVATL a'qN I N$ UMIMnwi LOTH II LOT IILOTSn IILOTab I LOTS •1 —`, I I II 11 It �, m'; #A 175 U r - '�" 11. _ — III III III IIII : �\ II IIII •\'\ LOT>fT{ n� �• ` II IIer I .w1•�•Iw'�'Arl I t �_ — � • I I»=t LOTan 'tlt �' ♦ i GRIFFENGROVE 1 � 171 /sue = ��— ^ 1 \♦ i 11+00 (ROUE • ♦\• I \I LOTSp n•'m ram+ ldr0 __" • r - �M '� ._ I . � Below shows how the sidewalks were constructed, with a radius that encroaches onto private property and a different ramp. 26 921 The ramps should be constructed as designed. Before removing, the County Engineer suggests that the owner(s) confi ni the correct HC ramp with VDOT, just in case. IF your clients have further questions, please have them work directly with Frank Pohl (fpohl@albeniarle.or¢), the County Engineer. Thanks. Andy Herrick Deputy CountyAttorney Albemarle County ahemck@albemarle.or¢ "972-4067 401 Mchitire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the hvended recipient only. It likely is protected by the attomepchent privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this email's contents in confidence to presen'e its protected status. Thandc you. From: Andy Herrick Sent: Saturday, February 20, 2021 11:17 AM 27 To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. To answer your question, VDOT and the County have now agreed on the language for the County -wide sidewalk maintenance agreement. The attached agreement is currently being circulated for signatures. At the same time, keep in mind that the County is not required to accept sidewalk maintenance agreements from individual developers. I think that staff will still need to be convinced that there are no other alternatives. Perhaps that can be part of the applicant's proposed discussion with staff upon resubmission. In the meantime, could you or the applicant prepare an exhibit (basically an as -built) that shows the sidewalk locations and right-of-way boundaries? I think that would help inform the upcoming discussion with staff. Please also ensure that any resubmission also addresses all prior staff comments. Thanks. Andy Herrick Deputy CountyAttomey Albemarle County ahemck@albemarle.or¢ 434-972-4067 401 Mchitire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the atmmepdient privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this email's contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 16, 2021 11:04 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement 28 This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: Following up your questions from January about the Belvedere sidewalks, we are waiting for our engineers' revised sidewalk easement plat, and will submit that when it is ready. For a number of reasons we and our engineers were not prepared to push the last plat forward —not the least of those was that there were additional corner lots identified that had sidewalk ramp flares encroaching into residential lots. The short answer to the questions raised by staff about whether lot boundary or setback reconfigurations could cure the problenm is unfortunately "no". Most of the 16 lots involved were sold to builders some time ago, homes were constructed, and then the improved lots were sold to homeowners. It is simply too late to modify the lot boundaries or setbacks. We'll go over that with Staff when we resubmit. Going forward, our process will necessarily now involve approaching the homeowners for an easement that will enable VDOT will accept the streets. My understanding is that those will entail private pedestrian access easements and a maintenance easement granted to the owner's association. We don't feel we should approach homeowners with a draft easement until VDOT and the County have reached an agreement. Only after that can we enter into an acceptable pass -through agreement with the County. The homeowners' easements will need to conform to the requirements of those documents. In the meantime, have you had any luck getting clarity from VDOT through it's AG? Can you let me know where that stands, or if I can be of any help? Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0:(434)220-77351F:(434)973-52171 M: (434) 960-7775 GSmith(@SprineCreekLivinz.com 29 From: Andy Herrick <aherrick@albemarle.org> Sent: Friday, January 29, 2021 1:58 PM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. I shared your requests with Community Development staff, who told me that this plat was actually the subject of a full review last spring. Attached are the formal staff comments, dated 4/6/2020. As I noted to you around that time, locating required sidewalks outside the public right-of-way is not a common (or preferred) approach. Staff raised that issue in the attached Comment 1(a), which requested evidence for each parcel that would preclude adjusting the lot boundary lines. For example, if the lot boundaries are adjusted to put the sidewalks within the right-of-way, will some (or all) lots no longer comply with setbacks or minimum lot size regulations? In addition, I'm told that 1. The applicant never responded to the attached comment letter. As a result, the earlier plat was deemed withdrawn. The applicant would have to submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of potential maintenance agreement(s) with the County, these overlaps in and of themselves are a problem. In short, though a sidewalk agreement for this phase of Belvedere is now an option, at least in theory, it sounds as though there still are a number of staff comments to address, especially in showing why the sidewalks cannot be within the public right-of-way, before staff would recommend entering an agreement here. 30 Let us know how your clients would like to proceed. Thanks. Andy Herrick Deputy CountyAttomey Albemarle County ahernck@albeniarle.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is For the hvended recipient only. It likely is protected by the atmmepdient privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. ff you are a client, you should maintain this emaffs contents in confidence to preserve its protected status. Thatdc you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1.Following our discussion, please find attached a proposed agreement for Belvedere's Phase 11B sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase 11B roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase 116 where the sidewalk ramp structures encroach onto the residential lots. 31 I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2.Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWIM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended 32 recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 33 Cameron Langille From: Frank Pohl Sent: Tuesday, February 23, 2021 3:02 PM To: Garrett Smith Cc: Steve Krohn; Kevin McDermott; Cameron Langille; Andy Herrick Subject: RE: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, I apologize for my lack of clarity. Before moving forward with easements/ROW adjustments, we will need confirmation that the ramps cannot be installed per design within the right-of-way. Unfortunately, the County was not involved in the discussions between VDOT and the contractor/owner. I think a discussion with the design engineer and possibly a site visit is in order at some point. Staff has been directed to accept maintenance agreements for projects that were approved prior to the policy change this past year. I realize there may be unforeseen circumstances that may necessitate an agreement but it is intended to be the exception and only if absolutely necessary. If the ramps cannot be modified to meet VDOT standards within the existing ROW, the first choice from a County perspective is to negotiate public ROW dedications from the individual land owners. This should be possible for the lots still owned by the builder where construction hasn't started. If this is not possible, easements may be the last option, but not until ROW efforts are exhausted. (Maybe there is another reason ROW dedications will not work, like setbacks?) If you have a moment, I think a call would help me understand all the issues a little better before scheduling a meeting with the engineer. Thanks, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County fpohl@albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 23, 2021 12:15 PM To: Frank Pohl <fpohl@albemarle.org> Cc: Steve Krohn <skrohn@resortscompanies.com>; Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org>; Andy Herrick <aherrick@albemarle.org> Subject: FW: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thanks for this thread, Frank. We do appreciate it. 34 Am I correct in interpreting that based on the thread you've now verified the existing ramps that we reworked are satisfactory to Albemarle County since they are satisfactory in the eyes of VDOT? Should I proceed to have the engineer who's helping us get the roads conveyed contact you to go over any further steps to satisfy your department? Please let me know. Once the engineering is satisfied with the structures that are in place, we'll submit a new as -built exhibit to planning and engage them about the ramp configurations and the challenges we have faced. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSm ith0SoringCreekLivi ng.com From: Frank Pohl <fpohl@albemarle.org> Sent: Tuesday, February 23, 2021 11:08 AM To: Garrett Smith <gsmith@resortscompanies.com> Cc: Andy Herrick <aherrick@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: FW: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, Please refer below. Sincerely, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County fpohl(a)albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Moore, Adam <adam.moore@vdot.virginia.gov> Sent: Tuesday, February 23, 2021 10:47 AM To: Max Greene <max.greene@vdot.virginia.gov> Cc: Frank Pohl <fpohl@albemarle.org> Subject: Re: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. 35 Hi Frank, That arrangement is still possible. Here is the link to the appropriate section of the design standards: VDOT Design Standards: Curb and Entrance Items If this is the spot in Belvedere I'm thinking of I went out with Joel some time ago to look at ramps. Essentially the ramps that had been constructed did not meet the standards due to various slopes and cross slope deficiencies. I do not think it was the "shape". Maybe their engineer figured converting them to another type may facilitate obtaining the requisite slopes and dimensions. Adam J. Moore, P.E. Asst. Res. Engr - Land Use Charlottesville Residency Virginia Department of Transportation 434-422-9782 adam.moore(rDVDOT.Virginia.gov On Tue, Feb 23, 2021 at 8:31 AM Greene, Max <max.greene@vdot.vir¢inia.gov> wrote: Frank, The CG-12 detail you circled is the one I've been preferring. This detail appears to work best with visually impaired individuals. We don't want pedestrians walking out into the intersection. Adam, Do you have any clarification? Respectfully, Max Max Greene Land Development Engineer- Land Use Charlottesville Residency Virginia Department of Transportation 434-906-6415 max.greene(cDVDOT.Virginia.gov 36 On Tue, Feb 23, 2021 at 7:34 AM Frank Pohl <fpohl@albemarle.ore> wrote: Adam/Max, Is it accurate that VDOT is not allowing the type of CG-12 ramps circled below? Please refer to emails below for reference. I EXAMPLE INSTALLATION METHODS - SEE PyAES FOR LAYOUT I ass /1 [MOSsoIq 1 ONE DIRECTION WITHOUT BUFFER STRIP C•Oss.4. Co it C. 564. TWO DIRECTIONS SMALLER RADII TWO WITHOUT BUFFER STRIP ONE DIRECTION WITH BUFFER STRIP ,TABLE WARNING SURFACE I (PARALLEL) APPLICATION 1Df 501 CfvMi'Y(%. if 'aYFY0v1.tON 50. Thanks, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County 37 fl2oh l C@ a l be m a rl e.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Garrett Smith <gsmith@resortscompanies.com> Sent: Monday, February 22, 2021 5:30 PM To: Andy Herrick <aherrick@albemarle.org> Cc: Frank Pohl <fpohl@albemarle.org>; Steve Krohn <skrohn@resortscompanies.com> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thank you, Andy. Our engineer will be in touch with Frank Pohl about this. As a brief explanation for your benefit, the sidewalks were originally built as designed in early 2018 in accordance with the approved road plan. However, after the sidewalk design was approved by the County, but before their construction was commenced, VDOT promulgated new requirements for flared ADA ramps. Regrettably, we were not aware of those changes until the construction was completed. After the sidewalks were fully built and we learned of the new VDOT requirements, we paid to have our contractor rework the sidewalk termination points to add flare features in accordance with the new VDOT regulations because we were informed that VDOT would not accept the streets otherwise. We're sorry for all of the trouble this has caused. We thought we had dotted all of our is and crossed our is properly. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0:(434)220-77351F:(434)973-52171 M: (434) 960-7775 GSmith CdSori neCreekLivine.com 38 From: Andy Herrick <aherrick@albemarle.org> Sent: Monday, February 22, 2021 2:17 PM To: Garrett Smith <gsmith@resortscompanies.com> Cc: Frank Pohl <fpohl@albemarle.org> Subject: RE: Belvedere Phase 1113 Sidewalks and 5A Emergency Access Easement Garrett, After my prior message last Saturday, the County Engineer alerted me that these sidewalks apparently were not constructed according to the approved road plan. At this point, the two simplest solutions would be: Lto build the sidewalks as approved on the plan or 2.to dedicate the additional public right-of-way, not within a private easement The road plan below is SUB201200152. The County Engineer didn't look up the other road plan(s), but assumes they may have the same issue. See below that the sidewalks and ramps are parallel with the ROW line at the alleys. Keep reading below. 39 ornwu ' arrrl. '11•.1p• �' PtKLIVSALLEY,.wowr ALI" a L I H2 ruvAr[ AeIVW � I � Umr 6 �` F faereRaw ri {\ . LOY an I I LOT s7E I I1OTi» I ILOTAD I LOTT LOT u{DW Ilk— GR Y 11+00 Wrip Y _ Below shows how the sidewalks were constructed, with a radius that encroaches onto private property and a different ranip. The ranips should be constructed as designed. Before removing, the County Engineer suggests that the owner(s) confirm the correct HC rannp with VDOT, just in case. 0 IF your clients have further questions, please have them work directly with Frank Pohl (fpohl@albemarle.or), the County Engineer. Thanks. Andy Herrick Deputy County Attorney Albemarle Coonty ahemck@albetnarle.or¢ 434-972-4067 401 Mchitire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the ammicyrlient privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. II you are a client, you should maintain this email's contents in confidence to preserve its protected status. Tlcmk you. From: Andy Herrick Sent: Saturday, February 20, 2021 11:17 AM To: Garrett Smith «smith@resortscompanies.com> Subject: RE: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. To answer your question, VDOT and the County have now agreed on the language for the County -wide sidewalk maintenance agreement. The attached agreement is currently being circulated for signatures. At the same time, keep in mind that the County is not required to accept sidewalk maintenance agreements from individual developers. I think that staff will still need to be convinced that there are no other alternatives. Perhaps that can be part of the applicant's proposed discussion with staff upon resubmission. In the meantime, could you or the applicant prepare an exhibit (basically an as -built) that shows the sidewalk locations and right-of-way boundaries? I think that would help inform the upcoming discussion with staff. Please also ensure that any resubmission also addresses all prior staff comments. Thanks. 41 Andy Herrick Deputy CountyAttomey Albemarle County ahemck@albemarle.or¢ 434-972-4067 401 Mchitire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for die untended recipient only. It likely is protected by the attomeyrchent privilege. If you have received tlus message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all some" on your computer. If you are a client, you should maintain this email's contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 16, 2021 11:04 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: Following up your questions from January about the Belvedere sidewalks, we are waiting for our engineers' revised sidewalk easement plat, and will submit that when it is ready. For a number of reasons we and our engineers were not prepared to push the last plat forward —not the least of those was that there were additional corner lots identified that had sidewalk ramp flares encroaching into residential lots. The short answer to the questions raised by staff about whether lot boundary or setback reconfigurations could cure the problenm is unfortunately "no". Most of the 16 lots involved were sold to builders some time ago, homes were constructed, and then the improved lots were sold to homeowners. It is simply too late to modify the lot boundaries or setbacks. We'll go over that with Staff when we resubmit. Going forward, our process will necessarily now involve approaching the homeowners for an easement that will enable VDOT will accept the streets. My understanding is that those will entail private pedestrian access easements and a maintenance easement granted to the owner's association. 42 We don't feel we should approach homeowners with a draft easement until VDOT and the County have reached an agreement. Only after that can we enter into an acceptable pass -through agreement with the County. The homeowners' easements will need to conform to the requirements of those documents. In the meantime, have you had any luck getting clarity from VDOT through it's AG? Can you let me know where that stands, or if I can be of any help? Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0:(434)220-77351F:(434)973-52171 M: (434) 960-7775 GSmith PSori neCreekLivine.com From: Andy Herrick <aherrick@albemarle.org> Sent: Friday, January 29, 20211:58 PM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. I shared your requests with Community Development staff, who told me that this plat was actually the subject of a full review last spring. Attached are the formal staff comments, dated 4/6/2020. 43 As I noted to you around that time, locating required sidewalks outside the public right-of-way is not a common (or preferred) approach. Staff raised that issue in the attached Comment 1(a), which requested evidence for each parcel that would preclude adjusting the lot boundary lines. For example, if the lot boundaries are adjusted to put the sidewalks within the right-of-way, will some (or all) lots no longer comply with setbacks or minimum lot size regulations? In addition, I'm told that 1. The applicant never responded to the attached comment letter. As a result, the earlier plat was deemed withdrawn. The applicant would have to submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of potential maintenance agreement(s) with the County, these overlaps in and of themselves are a problem. In short, though a sidewalk agreement for this phase of Belvedere is now an option, at least in theory, it sounds as though there still are a number of staff comments to address, especially in showing why the sidewalks cannot be within the public right-of-way, before staff would reconmiend entering an agreement here. Let us know how your clients would like to proceed. Thanks. Andy Hetrick Deputy County Attorney Albemarle County ahemck@albemarle.or¢ 434-972-4067 401 Mchitire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the ammicy-client privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the count from all some" on your computer. If you are a client, you should maintain this email's contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.ore> Subject: Belvedere Phase 1113 Sidewalks and 5A Emergency Access Easement This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1.Following our discussion, please find attached a proposed agreement for Belvedere's Phase 1113 sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase 1113 roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase 116 where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2.Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWIM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com 45 BE L DERE CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 0 Cameron Langille From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 23, 2021 12:15 PM To: Frank Pohl Cc: Steve Krohn; Kevin McDermott; Cameron Langille; Andy Herrick Subject: FW: FW: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thanks for this thread, Frank. We do appreciate it. Am I correct in interpreting that based on the thread you've now verified the existing ramps that we reworked are satisfactory to Albemarle County since they are satisfactory in the eyes of VDOT? Should I proceed to have the engineer who's helping us get the roads conveyed contact you to go over any further steps to satisfy your department? Please let me know. Once the engineering is satisfied with the structures that are in place, we'll submit a new as -built exhibit to planning and engage them about the ramp configurations and the challenges we have faced. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SprinKCreekLiving.com � a 61=19 .. 2 From: Frank Pohl <fpohl@albemarle.org> Sent: Tuesday, February 23, 2021 11:08 AM To: Garrett Smith <gsmith@resortscompanies.com> Cc: Andy Herrick <aherrick@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: FW: FW: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Garrett, Please refer below. Sincerely, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County 47 fpohIC3)aIbemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Moore, Adam <adam.moore@vdot.virginia.gov> Sent: Tuesday, February 23, 2021 10:47 AM To: Max Greene<max.greene(c@ydot.yirginia.goy> Cc: Frank Pohl <fpohl@albemarle.org> Subject: Re: FW: Belvedere Phase 118 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Frank, That arrangement is still possible. Here is the link to the appropriate section of the design standards: VDOT Design Standards: Curb and Entrance Items If this is the spot in Belvedere I'm thinking of I went out with Joel some time ago to look at ramps. Essentially the ramps that had been constructed did not meet the standards due to various slopes and cross slope deficiencies. I do not think it was the '.shape". Maybe their engineer figured converting them to another type may facilitate obtaining the requisite slopes and dimensions. Adam J. Moore, P.E. Asst. Res. Engr - Land Use Charlottesville Residency Virginia Department of Transportation 434-422-9782 adam.mooreCcDVDOT.Virginia.gov On Tue, Feb 23, 2021 at 8:31 AM Greene, Max <max.greene@vdot.virginia.gov> wrote: Frank, The CG-12 detail you circled is the one I've been preferring. This detail appears to work best with visually impaired individuals. We don't want pedestrians walking out into the intersection. Adam, Do you have any clarification? Respectfully, Max 48 Max Greene Land Development Engineer - Land Use Charlottesville Residency Virginia Department of Transportation 434-906-6415 max.greeneoV DOT. Virginia.gov On Tue, Feb 23, 2021 at 7:34 AM Frank Pohl <fpohl@albemarle.org> wrote: Adam/Max, Is it accurate that VDOT is not allowing the type of CG-12 ramps circled below? Please refer to emails below for reference. I EXAMPLE INSTALLATION METHODS - SEE Pi" FOR LAYOUT I aIa CeC55�M ONE DIRECTION WITHOUT BUFFER STRIP C"Ssw. caain CAOSS14. TWO DIRECTIONS SMALLER RADII TWO WITHOUT BUFFER STRIP ;TABLE WARNING SURF I (PARALLEL) APPLICATION N( MTW%' ( li//.�y(•Vl•\f/I ONE DIRECTION WITH BUFFER STRIP In soy 49 Thanks, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County fpohl Opal bemarl e.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Garrett Smith <gsmith@resortscompanies.com> Sent: Monday, February 22, 2021 5:30 PM To: Andy Herrick <aherrick@albemarle.org> Cc: Frank Pohl <fpohl@albemarle.org>; Steve Krohn <skrohn@resortscompanies.com> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thank you, Andy. Our engineer will be in touch with Frank Pohl about this. As a brief explanation for your benefit, the sidewalks were originally built as designed in early 2018 in accordance with the approved road plan. However, after the sidewalk design was approved by the County, but before their construction was commenced, VDOT promulgated new requirements for flared ADA ramps. Regrettably, we were not aware of those changes until the construction was completed. After the sidewalks were fully built and we learned of the new VDOT requirements, we paid to have our contractor rework the sidewalk termination points to add flare features in accordance with the new VDOT regulations because we were informed that VDOT would not accept the streets otherwise. We're sorry for all of the trouble this has caused. We thought we had dotted all of our is and crossed our is properly. 50 Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0:(434)220-77351F:(434)973-52171 M: (434) 960-7775 GSmith@SpringCreekLiving.com From: Andy Herrick <aherrick@albemarle.org> Sent: Monday, February 22, 2021 2:17 PM To: Garrett Smith <gsmith@resortscompanies.com> Cc: Frank Pohl <fpohl@albemarle.org> Subject: RE: Belvedere Phase 1113 Sidewalks and 5A Emergency Access Easement Garrett, After my prior message last Saturday, the County Engineer alerted me that these sidewalks apparently were not constructed according to the approved road plan. At this point, the two simplest solutions would be: Lto build the sidewalks as approved on the plan or 2.to dedicate the additional public right-of-way, not within a private easement. The road plan below is SUB201200152. The County Engineer didn't look up the other road plan(s), but assumes they may have the same issue. See below that the sidewalks and ramps are parallel with the ROW line at the alleys. Keep reading below. 51 ornwu ' arrrl. '11•.1p• �' PtKLIVSALLEY,.wowr ALI" a L I H2 ruvAr[ AeIVW � I � Umr 6 �` F faereRaw ri {\ . LOY an I I LOT s7E I I1OTi» I ILOTAD I LOTT LOT u{DW Ilk— GR Y 11+00 Wrip Below shows how the sidewalks were constructed, with a radius that encroaches onto private property and a different ranip. The ranips should be constructed as designed. Before removing, the County Engineer suggests that the owner(s) confirm the correct HC rannp with VDOT, just in case. 52 IF your clients have further questions, please have them work directly with Frank Pohl (fpohl@albemarle.or), the County Engineer. Thanks. Andy Herrick Deputy County Attorney Albemarle Coonty ahemck@albetnarle.or¢ 434-972-4067 401 Mchitire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the ammicyrlient privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. II you are a client, you should maintain this email's contents in confidence to preserve its protected status. Tlcmk you. From: Andy Herrick Sent: Saturday, February 20, 2021 11:17 AM To: Garrett Smith «smith@resortscompanies.com> Subject: RE: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. To answer your question, VDOT and the County have now agreed on the language for the County -wide sidewalk maintenance agreement. The attached agreement is currently being circulated for signatures. At the same time, keep in mind that the County is not required to accept sidewalk maintenance agreements from individual developers. I think that staff will still need to be convinced that there are no other alternatives. Perhaps that can be part of the applicant's proposed discussion with staff upon resubmission. In the meantime, could you or the applicant prepare an exhibit (basically an as -built) that shows the sidewalk locations and right-of-way boundaries? I think that would help inform the upcoming discussion with staff. Please also ensure that any resubmission also addresses all prior staff comments. Thanks. 53 Andy Herrick Deputy CountyAttomey Albemarle County ahemck@albemarle.or¢ 434-972-4067 401 Mchitire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for die untended recipient only. It likely is protected by the attomeyrchent privilege. If you have received tlus message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all some" on your computer. If you are a client, you should maintain this email's contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 16, 2021 11:04 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: Following up your questions from January about the Belvedere sidewalks, we are waiting for our engineers' revised sidewalk easement plat, and will submit that when it is ready. For a number of reasons we and our engineers were not prepared to push the last plat forward —not the least of those was that there were additional corner lots identified that had sidewalk ramp flares encroaching into residential lots. The short answer to the questions raised by staff about whether lot boundary or setback reconfigurations could cure the problenm is unfortunately "no". Most of the 16 lots involved were sold to builders some time ago, homes were constructed, and then the improved lots were sold to homeowners. It is simply too late to modify the lot boundaries or setbacks. We'll go over that with Staff when we resubmit. Going forward, our process will necessarily now involve approaching the homeowners for an easement that will enable VDOT will accept the streets. My understanding is that those will entail private pedestrian access easements and a maintenance easement granted to the owner's association. 54 We don't feel we should approach homeowners with a draft easement until VDOT and the County have reached an agreement. Only after that can we enter into an acceptable pass -through agreement with the County. The homeowners' easements will need to conform to the requirements of those documents. In the meantime, have you had any luck getting clarity from VDOT through it's AG? Can you let me know where that stands, or if I can be of any help? Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0:(434)220-77351F:(434)973-52171 M: (434) 960-7775 GSmith PSori neCreekLivine.com From: Andy Herrick <aherrick@albemarle.org> Sent: Friday, January 29, 20211:58 PM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. I shared your requests with Community Development staff, who told me that this plat was actually the subject of a full review last spring. Attached are the formal staff comments, dated 4/6/2020. 55 As I noted to you around that time, locating required sidewalks outside the public right-of-way is not a common (or preferred) approach. Staff raised that issue in the attached Comment 1(a), which requested evidence for each parcel that would preclude adjusting the lot boundary lines. For example, if the lot boundaries are adjusted to put the sidewalks within the right-of-way, will some (or all) lots no longer comply with setbacks or minimum lot size regulations? In addition, I'm told that 1. The applicant never responded to the attached comment letter. As a result, the earlier plat was deemed withdrawn. The applicant would have to submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of potential maintenance agreement(s) with the County, these overlaps in and of themselves are a problem. In short, though a sidewalk agreement for this phase of Belvedere is now an option, at least in theory, it sounds as though there still are a number of staff comments to address, especially in showing why the sidewalks cannot be within the public right-of-way, before staff would reconmiend entering an agreement here. Let us know how your clients would like to proceed. Thanks. Andy Herrick Deputy County Attorney Albemarle County ahemck@albemarle.or¢ 434-972-4067 401 Mchitire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the ammicy-client privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the count from all some" on your computer. If you are a client, you should maintain this email's contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM 56 To: Andy Herrick <aherrick@albemarle.ore> Subject: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1.Following our discussion, please find attached a proposed agreement for Belvedere's Phase IIB sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase IIB where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2.Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWIM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com 57 BE L DERE CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 58 Cameron Langille From: Sent: To: Cc: Subject: Garrett, Please refer below. Sincerely, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County Frank Pohl Tuesday, February 23, 2021 11:08 AM Garrett Smith Andy Herrick; Kevin McDermott; Cameron Langille FW: FW: Belvedere Phase 1113 Sidewalks and 5A Emergency Access Easement fpohl@albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Moore, Adam <adam.moore@vdot.virginia.gov> Sent: Tuesday, February 23, 2021 10:47 AM To: Max Greene <max.greene@vdot.virginia.gov> Cc: Frank Pohl <fpohl@albemarle.org> Subject: Re: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Frank, That arrangement is still possible. Here is the link to the appropriate section of the design standards: VDOT Design Standards: Curb and Entrance Items If this is the spot in Belvedere I'm thinking of I went out with Joel some time ago to look at ramps. Essentially the ramps that had been constructed did not meet the standards due to various slopes and cross slope deficiencies. I do not think it was the '.shape". Maybe their engineer figured converting them to another type may facilitate obtaining the requisite slopes and dimensions. 59 Adam J. Moore, P.E. Asst. Res. Engr - Land Use Charlottesville Residency Virginia Department of Transportation 434-422-9782 adam.moore(cDVDOT.Virginia.gov On Tue, Feb 23, 2021 at 8:31 AM Greene, Max <max.greene@vdot.virginia.gov> wrote: Frank, The CG-12 detail you circled is the one I've been preferring. This detail appears to work best with visually impaired individuals. We don't want pedestrians walking out into the intersection. Adam, Do you have any clarification? Respectfully, Max Max Greene Land Development Engineer- Land Use Charlottesville Residency Virginia Department of Transportation 434-906-6415 max.greene(ccDVDOT.Virginia.gov On Tue, Feb 23, 2021 at 7:34 AM Frank Pohl <fpohl@albemarle.org> wrote: Adam/Max, Is it accurate that VDOT is not allowing the type of CG-12 ramps circled below? Please refer to emails below for reference. I EXAMPLE INSTALLATION METHODS - SEE PLMLS FOR LAYOUT 1 W.- CU1B CROSSWKN M. wys c tt cwe ONE DIRECTION WITHOUT BUFFER STRIP iaa49 1 f ONE DIRECTION WITH BUFFER STRIP CROSSWk. CP It CROSSW�R TWO DIRECTIONS SMALLER RADII TWO DIRECTIG�*SLARGERADA WITHOUT BUFFER STRIP WITH BUFFER STRIP I' " S O MAW 6 ah F&E R 11f CENTRN. OFESE. ,TABLE WARNING SURFACE SPECr C�i[l11 105 wi I (PARALLEL) APPLICATION A AEVIRt1[NT (NF iR1115RpRllTlpN 504 Thanks, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County foohl Opal bemarl e.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Garrett Smith <gsmith@resortscompanies.com> Sent: Monday, February 22, 2021 5:30 PM To: Andy Herrick <aherrick@albemarle.org> 61 Cc: Frank Pohl <fpohl@albemarle.org>; Steve Krohn <skrohn@resortscompanies.com> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thank you, Andy. Our engineer will be in touch with Frank Pohl about this. As a brief explanation for your benefit, the sidewalks were originally built as designed in early 2018 in accordance with the approved road plan. However, after the sidewalk design was approved by the County, but before their construction was commenced, VDOT promulgated new requirements for flared ADA ramps. Regrettably, we were not aware of those changes until the construction was completed. After the sidewalks were fully built and we learned of the new VDOT requirements, we paid to have our contractor rework the sidewalk termination points to add flare features in accordance with the new VDOT regulations because we were informed that VDOT would not accept the streets otherwise. We're sorry for all of the trouble this has caused. We thought we had dotted all of our is and crossed our is properly. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0:(434)220-77351F:(434)973-52171 M: (434) 960-7775 GSmith CdSori neCreekLivine.com From: Andy Herrick <aherrick@albemarle.org> Sent: Monday, February 22, 2021 2:17 PM To: Garrett Smith <gsmith@resortscompanies.com> 62 Cc: Frank Pohl <fpohl@albemarle.org> Subject: RE: Belvedere Phase 1113 Sidewalks and 5A Emergency Access Easement Garrett, After my prior message last Saturday, the County Engineer alerted me that these sidewalks apparently were not constructed according to the approved road plan. At this point, the two simplest solutions would be: 1.to build the sidewalks as approved on the plan or 2.to dedicate the additional public right-of-way, not within a private easement The road plan below is SUB201200152. The County Engineer didn't look up the other road plan(s), but assumes they may have the same issue. See below that the sidewalks and ramps are parallel with the ROW line at the alleys. Keep reading below. i 1 W61Kegp MufN:ri•rn 1� / \ 'rr rn••• 1iGO Z w•w•I••arw�tp lrisa 1 1 arrrcr I RNILLW5 ALLEY 1•olottcr I i I MIVATL a'qN I N$ UMIMnwi LOTH II LOT IILOTSn IILOTab I LOTS •1 —`, I I II 11 It �, m'; #A 175 U r - '�" 11. _ — III III III IIII : �\ II IIII •\'\ LOT>fT{ n� �• ` II IIer I .w1•�•Iw'�'Arl I t �_ — � • I I»=t LOTan 'tlt �' ♦ i GRIFFENGROVE 1 � 171 /sue = ��— ^ 1 \♦ i 11+00 (ROUE • ♦\• I \I LOTSp n•'m ram+ ldr0 __" • r - �M '� ._ I . � Below shows how the sidewalks were constructed, with a radius that encroaches onto private property and a different ramp. 63 921 The ramps should be constructed as designed. Before removing, the County Engineer suggests that the owner(s) confi ni the correct HC ramp with VDOT, just in case. IF your clients have further questions, please have them work directly with Frank Pohl (fpohl@albeniarle.or¢), the County Engineer. Thanks. Andy Herrick Deputy CountyAttorney Albemarle County ahemck@albemarle.or¢ "972-4067 401 Mchitire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the hvended recipient only. It likely is protected by the attomepchent privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this email's contents in confidence to presen'e its protected status. Thandc you. From: Andy Herrick Sent: Saturday, February 20, 2021 11:17 AM 64 To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. To answer your question, VDOT and the County have now agreed on the language for the County -wide sidewalk maintenance agreement. The attached agreement is currently being circulated for signatures. At the same time, keep in mind that the County is not required to accept sidewalk maintenance agreements from individual developers. I think that staff will still need to be convinced that there are no other alternatives. Perhaps that can be part of the applicant's proposed discussion with staff upon resubmission. In the meantime, could you or the applicant prepare an exhibit (basically an as -built) that shows the sidewalk locations and right-of-way boundaries? I think that would help inform the upcoming discussion with staff. Please also ensure that any resubmission also addresses all prior staff comments. Thanks. Andy Herrick Deputy CountyAttomey Albemarle County ahemck@albemarle.or¢ 434-972-4067 401 Mchitire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the atmmepdient privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this email's contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 16, 2021 11:04 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement 65 This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: Following up your questions from January about the Belvedere sidewalks, we are waiting for our engineers' revised sidewalk easement plat, and will submit that when it is ready. For a number of reasons we and our engineers were not prepared to push the last plat forward —not the least of those was that there were additional corner lots identified that had sidewalk ramp flares encroaching into residential lots. The short answer to the questions raised by staff about whether lot boundary or setback reconfigurations could cure the problenm is unfortunately "no". Most of the 16 lots involved were sold to builders some time ago, homes were constructed, and then the improved lots were sold to homeowners. It is simply too late to modify the lot boundaries or setbacks. We'll go over that with Staff when we resubmit. Going forward, our process will necessarily now involve approaching the homeowners for an easement that will enable VDOT will accept the streets. My understanding is that those will entail private pedestrian access easements and a maintenance easement granted to the owner's association. We don't feel we should approach homeowners with a draft easement until VDOT and the County have reached an agreement. Only after that can we enter into an acceptable pass -through agreement with the County. The homeowners' easements will need to conform to the requirements of those documents. In the meantime, have you had any luck getting clarity from VDOT through it's AG? Can you let me know where that stands, or if I can be of any help? Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0:(434)220-77351F:(434)973-52171 M: (434) 960-7775 GSmith Ca)Sori neCreekLivine.com r aid 0 � a 1 �. 66 From: Andy Herrick <aherrick@albemarle.org> Sent: Friday, January 29, 2021 1:58 PM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. I shared your requests with Community Development staff, who told me that this plat was actually the subject of a full review last spring. Attached are the formal staff comments, dated 4/6/2020. As I noted to you around that time, locating required sidewalks outside the public right-of-way is not a common (or preferred) approach. Staff raised that issue in the attached Comment 1(a), which requested evidence for each parcel that would preclude adjusting the lot boundary lines. For example, if the lot boundaries are adjusted to put the sidewalks within the right-of-way, will some (or all) lots no longer comply with setbacks or minimum lot size regulations? In addition, I'm told that 1. The applicant never responded to the attached comment letter. As a result, the earlier plat was deemed withdrawn. The applicant would have to submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of potential maintenance agreement(s) with the County, these overlaps in and of themselves are a problem. In short, though a sidewalk agreement for this phase of Belvedere is now an option, at least in theory, it sounds as though there still are a number of staff comments to address, especially in showing why the sidewalks cannot be within the public right-of-way, before staff would recommend entering an agreement here. 67 Let us know how your clients would like to proceed. Thanks. Andy Herrick Deputy CountyAttomey Albemarle County ahernck@albeniarle.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is For the hvended recipient only. It likely is protected by the atmmepdient privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emaffs contents in confidence to preserve its protected status. Thatdc you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1.Following our discussion, please find attached a proposed agreement for Belvedere's Phase 11B sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase 11B roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase 110; where the sidewalk ramp structures encroach onto the residential lots. 68 I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2.Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWIM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended 69 recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 70 Cameron Langille From: Andy Herrick Sent: Monday, February 22, 2021 2:17 PM To: Garrett Smith Cc: Frank Pohl Subject: RE: Belvedere Phase 1113 Sidewalks and 5A Emergency Access Easement Garrett, After my prior message last Saturday, the County Engineer alerted me that these sidewalks apparently were not constructed according to the approved road plan. At this point, the two simplest solutions would be: 1) to build the sidewalks as approved on the plan or 2) to dedicate the additional public right-of-way, not within a private easement The road plan below is SUB201200152. The County Engineer didn't look up the other road plan(s), but assumes they may have the same issue. See below that the sidewalks and ramps are parallel with the ROW line at the alleys. Keep reading below. I r' cwTA\cnwanaysalllV�aan ne 1 ;�- orme� 1 i.06� H2 .w+.nawvdnmlinnsa 1 arrray. PHILLIVS ALLEY ,�mr 1 e 6 LOT a77 Ili —II LOT a79 1I1I LOT a79 I i LOT 18o I IILOT - __` •• III III III II � • . ` •Haarr I I I I I I I` $, a.poarR ff"P4r III III III IIII - n III It" II IIII LOT 174 —\v •\• \ Il lncvmmr IIn°�i marl I I l�\ aa•on. mva 1 LOT • \ �o LOT 172 ►r•mr wr<r Below shows how the sidewalks were constructed, with a radius that encroaches onto private property and a different ramp. 71 fr��j Ac / ` ' rya . • The ramps should be constructed as designed. Before removing, the County Engineer suggests that the owner(s) confirm the correct HC ramp with VDOT, just in case. IF your clients have further questions, please have them work directly with Frank Pohl (fpohl@albemarle.org), the County Engineer. Thanks. Andy Herrick Deputy Comity Attorney Albemarle Comity ahemck@albemarle.org 434-972-4067 401 McIntire Road, Suite 325, Charlovesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attorney-chent privilege. If you have received this message in error, please call (434) 972-4(167 inmtediately, report your receipt of dsis entail, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Andy Herrick Sent: Saturday, February 20, 2021 11:17 AM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase 1113 Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. To answer your question, VDOT and the County have now agreed on the language for the County -wide sidewalk maintenance agreement The attached agreement is currently being circulated for signatures. At the same time, keep in mind that the County is not required to accept sidewalk maintenance agreements from individual developers. I think that staff will still need to be convinced that there are no other alternatives. Perhaps that can be part of the applicant's proposed discussion with staff upon resubmission. 72 In the meantime, could you or the applicant prepare an exhibit (basically an as -built) that shows the sidewalk locations and right-of-way boundaries? I think that would help inform the upcoming discussion with staff. Please also ensure that any resubmission also addresses all prior staff continents. Thanks. Andy Herrick Deputy Comity Attorney Albemarle County ahernck@albernule.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomeychetu privilege. If you have received this message in error, please call (434) 9724167 immediately, report your receipt of this eniA, and promptly delete the email from all sources on your computer. If you are a chent, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 16, 2021 11:04 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: Following up your questions from January about the Belvedere sidewalks, we are waiting for our engineers' revised sidewalk easement plat, and will submit that when it is ready. For a number of reasons we and our engineers were not prepared to push the last plat forward —not the least of those was that there were additional corner lots identified that had sidewalk ramp flares encroaching into residential lots. The short answer to the questions raised by staff about whether lot boundary or setback reconfigurations could cure the problenm is unfortunately "no". Most of the 16 lots involved were sold to builders some time ago, homes were constructed, and then the improved lots were sold to homeowners. It is simply too late to modify the lot boundaries or setbacks. We'll go over that with Staff when we resubmit. Going forward, our process will necessarily now involve approaching the homeowners for an easement that will enable VDOT will accept the streets. My understanding is that those will entail private pedestrian access easements and a maintenance easement granted to the owner's association. We don't feel we should approach homeowners with a draft easement until VDOT and the County have reached an agreement. Only after that can we enter into an acceptable pass -through agreement with the County. The homeowners' easements will need to conform to the requirements of those documents. In the meantime, have you had any luck getting clarity from VDOT through it's AG? Can you let me know where that stands, or if I can be of any help? Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSm ith(a)SoringCreekLivi ng.com 73 From: Andy Herrick <aherrick@albemarle.org> Sent: Friday, January 29, 2021 1:58 PM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. I shared your requests with Community Development staff, who told me that this plat was actually the subject of a full review last spring. Attached are the formal staff comments, dated 4/6/2020. As I noted to you around that time, locating required sidewalks outside the public right-of-way is not a common (or preferred) approach. Staff raised that issue in the attached Comment 1(a), which requested evidence for each parcel that would preclude adjusting the lot boundary lines. For example, if the lot boundaries are adjusted to put the sidewalks within the right-of-way, will some (or all) lots no longer comply with setbacks or minimum lot size regulations? In addition, I'm told that 1. The applicant never responded to the attached comment letter. As a result, the earlier plat was deemed withdrawn. The applicant would have to submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of potential maintenance agreement(s) with the County, these overlaps in and of themselves are a problem. In short, though a sidewalk agreement for this phase of Belvedere is now an option, at least in theory, it sounds as though there still are a number of staff comments to address, especially in showing why the sidewalks cannot be within the public right-of-way, before staff would recommend entering an agreement here. Let us know how your clients would like to proceed. Thanks. Andy Herrick Deputy ComityAttomey Albemarle Comity aherri Walbetnarle.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the atmmeycfien t privilege. If you have received this message in error, please call (434) 972-4(167 immediately, report your receipt of this email, and promptly delete the entail from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement 74 CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase IIB sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase IIB where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com d7 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 75 Cameron Langille From: Andy Herrick Sent: Monday, February 22, 2021 1:25 PM To: Frank Pohl Cc: Cameron Langille; Kevin McDermott Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Frank, Thanks for the additional information. As you may have seen, I responded to New Belvedere's attorney on Saturday. Is anything in your message below intended for internal consumption only? If not, may I forward it directly to New Belvedere's attorney as well? I think it would be helpful for him and his client to see the issue(s) with the sidewalks as installed. Again, let me know if I may forward your message, or if you'd prefer any re -phrasing. Thanks. Andy Herrick Deputy ComityAttomey Albemarle County ahemck@albemarle.org 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomeycfie t privilege. If you have received this message in error, please can (434) 9724167 inmtediately, report your receipt of this enuil, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, February 22, 2021 12:29 PM To: Cameron Langille <blangille@albemarle.org>; Andy Herrick <aherrick@albemarle.org> Cc: Kevin McDermott <kmcdermott@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Cameron/Andy, It appears the sidewalks were not constructed according to the approved road plan. I would suggest two options, 1) build it as approved on the plan or 2) dedicate the additional public right-of-way, not within a private easement. The road plan is SUB201200152 for a section they are asking for relief. I didn't look up the other road plan(s) but assume it is the same issue. See below that the sidewalks and ramps are parallel with the ROW line at the alleys. Keep reading below. 76 I '- cwei•unoitinaysivar'�w "I I � / �rme•r. 1 ' a•6o H2 ranwauauwoln+o•urtsa `r/\I_t ar.+rar y �PfirILLIP$ALLEY,�X II •� i _�,. PRIVATE ae'nIW I \�— 0E wme 5 Loran III LOTa78 IIILOTa79 II LOTaBo IIILor •1 __ � hl III III Iq _� ♦ rivar. 111 III IIII 11'1 1 g `• avoa wi 1 US LOTap SOT in \\ • \ + ��fl '•+ LOT 27a H 1 1, Below shows how they were constructed, with a radius that encroaches onto private property and a different ramp. T '_' ` i The ramps should be constructed as designed. Before removing, I suggest they confirm the correct HC ramp with VDOT just in case. I hope this helps. Thanks, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle Countv 77 foohl@aIbemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 78 Cameron Langille From: Frank Pohl Sent: Monday, February 22, 2021 12:29 PM To: Cameron Langille; Andy Herrick Cc: Kevin McDermott Subject: RE: Belvedere Phase 1113 Sidewalks and 5A Emergency Access Easement Cameron/Andy, It appears the sidewalks were not constructed according to the approved road plan. I would suggest two options, 1) build it as approved on the plan or 2) dedicate the additional public right-of-way, not within a private easement. The road plan is SUB201200152 for a section they are asking for relief. I didn't look up the other road plan(s) but assume it is the same issue. See below that the sidewalks and ramps are parallel with the ROW line at the alleys. Keep reading below. I O canmucra4amnlesuitY\4n \ I 4.60 H24 vwf\uw4 artsa u4�sw Lywr AI.O ALLfM'AY rr.fecv. 11n PHILLIPS ALLEYMfo� s LOTa77 1 I LOTIe I ILOTa79 I ILOT320 1 ILOT OeVELOMIR �—_ • fx ` :v44.11ll 1 1 ` IIII IIIII IIII \ v e $ nyfoawf „S \ \ -� - � ♦\. \ III III,., 'I I' `� \ \ \•\ LOTy4 H Ili..oroxor I11 1 I H 11� _ m.f -\v �� � � /I I •\ Q�Zl aL oTin 11q/OSIU ppp LOT s72 �•rze., 1` plC—VA H I \ I >o 1 Below shows how they were constructed, with a radius that encroaches onto private property and a different ramp. 79 The ramps should be constructed as designed. Before removing, I suggest they confirm the correct HC ramp with VDOT just in case. I hope this helps. Thanks, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County fpohl@albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Cameron Langille <blangille@albemarle.org> Sent: Friday, February 19, 20213:23 PM To: Andy Herrick <aherrick@albemarle.org> Cc: Kevin McDermott <kmcdermott@albemarle.org>; Frank Pohl <fpohl@albemarle.org> Subject: RE: Belvedere Phase 116 Sidewalks and SA Emergency Access Easement Hi Andy, I personally do not feel like this information 100%verifies that the sidewalks can only be located outside of the right-of- way. In my opinion, they should prepare an exhibit that is basically an as -built that shows the sidewalk locations and right-of-way boundaries. That's what I was trying to convey in my comment letter. And based on the new information below— Garrett says "it is simply too late" to modify the property lines because most of the 16 lots have been sold to private owners and do not belong to the developer any longer. Well, this may not be what he wants to hear, but they could modify the lot lines provided that all of the owners sign the plat. So, it's not impossible from a regulatory standpoint, it's just a hassle on their end. True, some owners may object, but that doesn't mean they all would. 80 These are just my thoughts. Let me know what you think. -Cameron From: Andy Herrick <aherrick@albemarle.org> Sent: Wednesday, February 17, 20219:08 AM To: Cameron Langille <blangille@albemarle.org> Cc: Kevin McDermott <kmcdermott@albemarle.org>; Frank Pohl <fpohl@albemarle.org> Subject: FW: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Cameron, Here's the response of New Belvedere's attorney on whether the existing rights -of -way there can be modified to include sidewalks. Do we think that New Belvedere has truly exhausted its alternatives here, and that the County should accept sidewalks outside the rights -of -way in this case? Please let me know. Thanks. Andy Herrick Deputy Comity Attorney Albemarle Comity aherrick@albetnule.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomeycfietu privilege. If you have received this message in error, please call (434) 972.4(167 immediately, report your receipt of this entail, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this entail's contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 16, 2021 11:04 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: Following up your questions from January about the Belvedere sidewalks, we are waiting for our engineers' revised sidewalk easement plat, and will submit that when it is ready. For a number of reasons we and our engineers were not prepared to push the last plat forward —not the least of those was that there were additional corner lots identified that had sidewalk ramp flares encroaching into residential lots. The short answer to the questions raised by staff about whether lot boundary or setback reconfigurations could cure the problenm is unfortunately "no". Most of the 16 lots involved were sold to builders some time ago, homes were constructed, and then the improved lots were sold to homeowners. It is simply too late to modify the lot boundaries or setbacks. We'll go over that with Staff when we resubmit. Going forward, our process will necessarily now involve approaching the homeowners for an easement that will enable VDOT will accept the streets. My understanding is that those will entail private pedestrian access easements and a maintenance easement granted to the owner's association. 81 We don't feel we should approach homeowners with a draft easement until VDOT and the County have reached an agreement. Only after that can we enter into an acceptable pass -through agreement with the County. The homeowners' easements will need to conform to the requirements of those documents. In the meantime, have you had any luck getting clarity from VDOT through it's AG? Can you let me know where that stands, or if I can be of any help? Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SprinKCreekLiving.com dv a { From: Andy Herrick <aherrick@albemarle.org> Sent: Friday, January 29, 2021 1:58 PM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. I shared your requests with Community Development staff, who told me that this plat was actually the subject of a full review last spring. Attached are the formal staff comments, dated 4/6/2020. As I noted to you around that time, locating required sidewalks outside the public right-of-way is not a common (or preferred) approach. Staff raised that issue in the attached Comment 1(a), which requested evidence for each parcel that would preclude adjusting the lot boundary lines. For example, if the lot boundaries are adjusted to put the sidewalks within the right-of-way, will some (or all) lots no longer comply with setbacks or minimum lot size regulations? In addition, I'm told that 1. The applicant never responded to the attached comment letter. As a result, the earlier plat was deemed withdrawn. The applicant would have to submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of potential maintenance agreement(s) with the County, these overlaps in and of themselves are a problem. In short, though a sidewalk agreement for this phase of Belvedere is now an option, at least in theory, it sounds as though there still are a number of staff comments to address, especially in showing why the sidewalks cannot be within the public right-of-way, before staff would recommend entering an agreement here. Let us know how your clients would like to proceed. Thanks. Andy Herrick Deputy CounlyAttorney 82 Albemarle Comity aherrick@albemule.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the iuwtded recipient only. It likely is protected by dne auomey-client privilege. If you have received this message in error, please call (434) 972-4067 inmtediately, report your receipt of this email, and promptly delete the email from all sources on your computer. Il you are a cheat, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase IIB sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase IIB where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSm ith0SoringCreekLivi ng.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any 83 unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 84 Cameron Langille From: Andy Herrick Sent: Saturday, February 20, 2021 11:18 AM To: Cameron Langille Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Cameron, Thanks. I incorporated your thoughts and request into my response to New Belvedere's attorney. We'll see how he responds. Thanks. Andy Herrick Deputy ComityAttomey Albemarle Comity ahemck@albemarle.org 434-972-4067 401 McIntire Road, Suite 325, Cbarloaesvitle, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attomeychen t privilege. If you have received this message in error, please call (434) 972-4(167 inmiediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Cameron Langille <blangille@albemarle.org> Sent: Friday, February 19, 20213:23 PM To: Andy Herrick <aherrick@albemarle.org> Cc: Kevin McDermott <kmcdermott@albemarle.org>; Frank Pohl <fpohl@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and SA Emergency Access Easement Hi Andy, I personally do not feel like this information 100% verifies that the sidewalks can only be located outside of the right-of- way. In my opinion, they should prepare an exhibit that is basically an as -built that shows the sidewalk locations and right-of-way boundaries. That's what I was trying to convey in my comment letter. And based on the new information below— Garrett says "it is simply too late" to modify the property lines because most of the 16 lots have been sold to private owners and do not belong to the developer any longer. Well, this may not be what he wants to hear, but they could modify the lot lines provided that all of the owners sign the plat. So, it's not impossible from a regulatory standpoint, it's just a hassle on their end. True, some owners may object, but that doesn't mean they all would. These are just my thoughts. Let me know what you think. -Cameron From: Andy Herrick <aherrick@albemarle.org> Sent: Wednesday, February 17, 20219:08 AM To: Cameron Langille <blangille@albemarle.org> Cc: Kevin McDermott <kmcdermott@albemarle.org>; Frank Pohl <fpohl@albemarle.org Subject: FW: Belvedere Phase IIB Sidewalks and SA Emergency Access Easement 85 Cameron, Here's the response of New Belvedere's attorney on whether the existing rights -of -way there can be modified to include sidewalks. Do we think that New Belvedere has truly exhausted its alternatives here, and that the County should accept sidewalks outside the rights -of -way in this case? Please let me know. Thanks. Andy Herrick Deputy ComityAnorney Albemarle Comity aherrick@albemule.ore 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomey-cfie it privilege. If you have received this message iu error, please call (434) 9724167 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a climit, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 16, 2021 11:04 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: Following up your questions from January about the Belvedere sidewalks, we are waiting for our engineers' revised sidewalk easement plat, and will submit that when it is ready. For a number of reasons we and our engineers were not prepared to push the last plat forward —not the least of those was that there were additional corner lots identified that had sidewalk ramp flares encroaching into residential lots. The short answer to the questions raised by staff about whether lot boundary or setback reconfigurations could cure the problenm is unfortunately "no". Most of the 16 lots involved were sold to builders some time ago, homes were constructed, and then the improved lots were sold to homeowners. It is simply too late to modify the lot boundaries or setbacks. We'll go over that with Staff when we resubmit. Going forward, our process will necessarily now involve approaching the homeowners for an easement that will enable VDOT will accept the streets. My understanding is that those will entail private pedestrian access easements and a maintenance easement granted to the owner's association. We don't feel we should approach homeowners with a draft easement until VDOT and the County have reached an agreement. Only after that can we enter into an acceptable pass -through agreement with the County. The homeowners' easements will need to conform to the requirements of those documents. In the meantime, have you had any luck getting clarity from VDOT through it's AG? Can you let me know where that stands, or if I can be of any help? Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSm ith(a)SoringCreekLivi ng.com F13 From: Andy Herrick <aherrick@albemarle.org> Sent: Friday, January 29, 2021 1:58 PM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. I shared your requests with Community Development staff, who told me that this plat was actually the subject of a full review last spring. Attached are the formal staff comments, dated 4/6/2020. As I noted to you around that time, locating required sidewalks outside the public right-of-way is not a common (or preferred) approach. Staff raised that issue in the attached Comment 1(a), which requested evidence for each parcel that would preclude adjusting the lot boundary lines. For example, if the lot boundaries are adjusted to put the sidewalks within the right-of-way, will some (or all) lots no longer comply with setbacks or minimum lot size regulations? In addition, I'm told that 1. The applicant never responded to the attached comment letter. As a result, the earlier plat was deemed withdrawn. The applicant would have to submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of potential maintenance agreement(s) with the County, these overlaps in and of themselves are a problem. In short, though a sidewalk agreement for this phase of Belvedere is now an option, at least in theory, it sounds as though there still are a number of staff comments to address, especially in showing why the sidewalks cannot be within the public right-of-way, before staff would recommend entering an agreement here. Let us know how your clients would like to proceed. Thanks. Andy Herrick Deputy ComityAttomey Albemarle Comity aherri Walbetnarle.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomeycfien t privilege. If you have received this message in error, please call (434) 972-4(167 inmtediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement 87 CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase IIB sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase IIB where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com d7 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 88 Cameron Langille From: Andy Herrick Sent: Saturday, February 20, 2021 11:17 AM To: Garrett Smith Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Attachments: Albemarle sidewalk maintenance agreement 210129.pdf Garrett, Thanks for your message. To answer your question, VDOT and the County have now agreed on the language for the County wide sidewalk maintenance agreement The attached agreement is currently being circulated for signatures. At the same time, keep in mind that the County is not required to accept sidewalk maintenance agreements from individual developers. I think that staff will still need to be convinced that there are no other alternatives. Perhaps that can be part of the applicant's proposed discussion with staff upon resubmission. In the meantime, could you or the applicant prepare an exhibit (basically an as -built) that shows the sidewalk locations and right-of-way boundaries? I think that would help inform the upcoming discussion with staff. Please also ensure that any resubmission also addresses all prior staff comments. Thanks. Andy Herrick Deputy Comity Attorney Albemarle Comity ahemck@albemarle.org 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomeycfienu privilege. If you have received this message in error, please call (434) 972.4(167 immediately, report your receipt of this ennail, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 16, 2021 11:04 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and SA Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: Following up your questions from January about the Belvedere sidewalks, we are waiting for our engineers' revised sidewalk easement plat, and will submit that when it is ready. For a number of reasons we and our engineers were not prepared to push the last plat forward —not the least of those was that there were additional corner lots identified that had sidewalk ramp flares encroaching into residential lots. The short answer to the questions raised by staff about whether lot boundary or setback reconfigurations could cure the problenm is unfortunately "no". Most of the 16 lots involved were sold to builders some time ago, homes were 89 constructed, and then the improved lots were sold to homeowners. It is simply too late to modify the lot boundaries or setbacks. We'll go over that with Staff when we resubmit. Going forward, our process will necessarily now involve approaching the homeowners for an easement that will enable VDOT will accept the streets. My understanding is that those will entail private pedestrian access easements and a maintenance easement granted to the owner's association. We don't feel we should approach homeowners with a draft easement until VDOT and the County have reached an agreement. Only after that can we enter into an acceptable pass -through agreement with the County. The homeowners' easements will need to conform to the requirements of those documents. In the meantime, have you had any luck getting clarity from VDOT through it's AG? Can you let me know where that stands, or if I can be of any help? Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com From: Andy Herrick <aherrick@albemarle.org> Sent: Friday, January 29, 2021 1:58 PM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. I shared your requests with Community Development staff, who told me that this plat was actually the subject of a full review last spring. Attached are the formal staff comments, dated 4/6/2020. As I noted to you around that time, locating required sidewalks outside the public right-of-way is not a common (or preferred) approach. Staff raised that issue in the attached Comment 1(a), which requested evidence for each parcel that would preclude adjusting the lot boundary lines. For example, if the lot boundaries are adjusted to put the sidewalks within the right-of-way, will some (or all) lots no longer comply with setbacks or minimum lot size regulations? In addition, I'm told that 1. The applicant never responded to the attached comment letter. As a result, the earlier plat was deemed withdrawn. The applicant would have to submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of potential maintenance agreement(s) with the County, these overlaps in and of themselves are a problem. 90 In short, though a sidewalk agreement for this phase of Belvedere is now an option, at least in theory, it sounds as though there still are a number of staff comments to address, especially in showing why the sidewalks cannot be within the public right-of-way, before staff would recommend entering an agreement here. Let us know how your clients would like to proceed. Thanks. Andy Herrick Deputy ComityAttomey Albemarle Comity aherrick@albemule.ore 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomey-cfie it privilege. If you have received this message iu error, please call (434) 9724167 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase IIB sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase IIB where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith(a)SpringCreekLiving.com 91 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 92 Cameron Langille From: Cameron Langille Sent: Friday, February 19, 2021 3:23 PM To: Andy Herrick Cc: Kevin McDermott; Frank Pohl Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Hi Andy, I personally do not feel like this information 100% verifies that the sidewalks can only be located outside of the right-of- way. In my opinion, they should prepare an exhibit that is basically an as -built that shows the sidewalk locations and right-of-way boundaries. That's what I was trying to convey in my comment letter. And based on the new information below — Garrett says "it is simply too late" to modify the property lines because most of the 16 lots have been sold to private owners and do not belong to the developer any longer. Well, this may not be what he wants to hear, but they could modify the lot lines provided that all of the owners sign the plat. So, it's not impossible from a regulatory standpoint, it's just a hassle on their end. True, some owners may object, but that doesn't mean they all would. These are just my thoughts. Let me know what you think. -Cameron From: Andy Herrick <aherrick@albemarle.org> Sent: Wednesday, February 17, 20219:08 AM To: Cameron Langille <blangille@albemarle.org> Cc: Kevin McDermott <kmcdermott@albemarle.org>; Frank Pohl <fpohl@albemarle.org> Subject: FW: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Cameron, Here's the response of New Belvedere's attorney on whether the existing rights -of -way there can be modified to include sidewalks. Do we think that New Belvedere has truly exhausted its alternatives here, and that the County should accept sidewalks outside the rights -of -way in this case? Please let me know. Thanks. Andy Herrick Deputy ComityAttomey Albemarle County ahemck@albernule.ore !tt%�S!YL'.CIIPYI 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attomeychent privilege. If you have received this message in error, please call (434) 972.4M7 immediately, report your receipt of this eniA, and promptly delete the email from all sources on your computer. If you are a chent, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 16, 2021 11:04 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and SA Emergency Access Easement 93 CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: Following up your questions from January about the Belvedere sidewalks, we are waiting for our engineers' revised sidewalk easement plat, and will submit that when it is ready. For a number of reasons we and our engineers were not prepared to push the last plat forward —not the least of those was that there were additional corner lots identified that had sidewalk ramp flares encroaching into residential lots. The short answer to the questions raised by staff about whether lot boundary or setback reconfigurations could cure the problenm is unfortunately "no". Most of the 16 lots involved were sold to builders some time ago, homes were constructed, and then the improved lots were sold to homeowners. It is simply too late to modify the lot boundaries or setbacks. We'll go over that with Staff when we resubmit. Going forward, our process will necessarily now involve approaching the homeowners for an easement that will enable VDOT will accept the streets. My understanding is that those will entail private pedestrian access easements and a maintenance easement granted to the owner's association. We don't feel we should approach homeowners with a draft easement until VDOT and the County have reached an agreement. Only after that can we enter into an acceptable pass -through agreement with the County. The homeowners' easements will need to conform to the requirements of those documents. In the meantime, have you had any luck getting clarity from VDOT through it's AG? Can you let me know where that stands, or if I can be of any help? Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com prr oCLSIEDERE From: Andy Herrick <aherrick@albemarle.org> Sent: Friday, January 29, 2021 1:58 PM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. I shared your requests with Community Development staff, who told me that this plat was actually the subject of a full review last spring. Attached are the formal staff comments, dated 4/6/2020. 94 As I noted to you around that time, locating required sidewalks outside the public right-of-way is not a common (or preferred) approach. Staff raised that issue in the attached Comment 1(a), which requested evidence for each parcel that would preclude adjusting the lot boundary lines. For example, if the lot boundaries are adjusted to put the sidewalks within the right-of-way, will some (or all) lots no longer comply with setbacks or minimum lot size regulations? In addition, I'm told that 1. The applicant never responded to the attached comment letter. As a result, the earlier plat was deemed withdrawn. The applicant would have to submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of potential maintenance agreement(s) with the County, these overlaps in and of themselves are a problem. In short, though a sidewalk agreement for this phase of Belvedere is now an option, at least in theory, it sounds as though there still are a number of staff comments to address, especially in showing why the sidewalks cannot be within the public right-of-way, before staff would recommend entering an agreement here. Let us know how your clients would like to proceed. Thanks. Andy Herrick Deputy Comity Attorney Albemarle Comity aherricWalbemarle.ore 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attomeychen t privilege. If you have received this message in error, please call (434) 972.4(167 inmtediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase IIB sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase IIB where the sidewalk ramp structures encroach onto the residential lots. 95 I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 96 Cameron Langille From: Andy Herrick Sent: Wednesday, February 17, 2021 9:08 AM To: Cameron Langille Cc: Kevin McDermott; Frank Pohl Subject: FW: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Cameron, Here's the response of New Belvedere's attorney on whether the existing rights -of -way there can be modified to include sidewalks. Do we think that New Belvedere has truly exhausted its alternatives here, and that the County should accept sidewalks outside the rights -of -way in this case? Please let me know. Thanks. Andy Hetrick Deputy ComityAnomey Albemarle County ahemck@albemarle.org 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attomeyclient privilege. If you have received this message in error, please can (434) 9724M7 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this enuril's contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, February 16, 2021 11:04 AM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: Following up your questions from January about the Belvedere sidewalks, we are waiting for our engineers' revised sidewalk easement plat, and will submit that when it is ready. For a number of reasons we and our engineers were not prepared to push the last plat forward —not the least of those was that there were additional corner lots identified that had sidewalk ramp flares encroaching into residential lots. The short answer to the questions raised by staff about whether lot boundary or setback reconfigurations could cure the problenm is unfortunately "no". Most of the 16 lots involved were sold to builders some time ago, homes were constructed, and then the improved lots were sold to homeowners. It is simply too late to modify the lot boundaries or setbacks. We'll go over that with Staff when we resubmit. Going forward, our process will necessarily now involve approaching the homeowners for an easement that will enable VDOT will accept the streets. My understanding is that those will entail private pedestrian access easements and a maintenance easement granted to the owner's association. 97 We don't feel we should approach homeowners with a draft easement until VDOT and the County have reached an agreement. Only after that can we enter into an acceptable pass -through agreement with the County. The homeowners' easements will need to conform to the requirements of those documents. In the meantime, have you had any luck getting clarity from VDOT through it's AG? Can you let me know where that stands, or if I can be of any help? Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SprinKCreekLiving.com dv a { From: Andy Herrick <aherrick@albemarle.org> Sent: Friday, January 29, 2021 1:58 PM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Garrett, Thanks for your message. I shared your requests with Conmiunity Development staff, who told me that this plat was actually the subject of a full review last spring. Attached are the formal staff conmients, dated 4/6/2020. As I noted to you around that time, locating required sidewalks outside the public right-of-way is not a conmion (or preferred) approach. Staff raised that issue in the attached Conmient 1(a), which requested evidence for each parcel that would preclude adjusting the lot boundary lines. For exaniple, if the lot boundaries are adjusted to put the sidewalks within the right-of-way, will some (or all) lots no longer comply with setbacks or minimum lot size regulations? In addition, I'm told that 1. The applicant never responded to the attached conmient letter. As a result, the earlier plat was deemed withdrawn. The applicant would have to submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of potential maintenance agreenient(s) with the County, these overlaps in and of themselves are a problem. In short, though a sidewalk agreement for this phase of Belvedere is now an option, at least in theory, it sounds as though there still are a number of staff conmients to address, especially in showing why the sidewalks cannot be within the public right-of-way, before staff would reconmiend entering an agreement here. Let us know how your clients would like to proceed. Thanks. Andy Herrick Deputy CountyAttorney 98 Albemarle Comity aherrick@albemule.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the iuwtded recipient only. It likely is protected by dne auomey-client privilege. If you have received this message in error, please call (434) 972-4067 inmtediately, report your receipt of this email, and promptly delete the email from all sources on your computer. Il you are a cheat, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase IIB sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase IIB where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSm ith0SoringCreekLivi ng.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any 99 unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 100 Cameron Langille From: Andy Herrick Sent: Friday, January 29, 2021 1:58 PM To: Garrett Smith Subject: RE: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement Attachments: SUB202000048 First Review Comments.pdf Garrett, Thanks for your message. I shared your requests with Community Development staff, who told me that this plat was actually the subject of a full review last spring. Attached are the formal staff comments, dated 4/6/2020. As I noted to you around that time, locating required sidewalks outside the public right-of-way is not a commion (or preferred) approach. Staff raised that issue in the attached Comment 1(a), which requested evidence for each parcel that would preclude adjusting the lot boundary lines. For example, if the lot boundaries are adjusted to put the sidewalks within the right-of-way, will some (or all) lots no longer comply with setbacks or minimum lot size regulations? In addition, I'm told that 1. The applicant never responded to the attached conmlent letter. As a result, the earlier plat was deemed withdrawn. The applicant would have to submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of potential maintenance agreemem(s) with the County, these overlaps in and of themselves are a problem. In short, though a sidewalk agreement for this phase of Belvedere is now an option, at least in theory, it sounds as though there still are a number of staff conmients to address, especially in showing why the sidewalks cannot be within the public right-of-way, before staff would recommend entering an agreement here. Let us know how your clients would like to proceed. Thanks. Andy Herrick Deputy ComityAttomey Albemarle County ahemck@albemarle.org 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by dne attorney -client privilege. If you have received this message in error, please call (434) 972.4,067 immediately, reportyour receipt of this entail, and promptly delete the email from all sources on your computer. 11 you are a client, you should maintain this emaifs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement 101 This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase 116 sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase 116 roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase 116 where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSm ith0SorineCreekLivi ne.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 102 Cameron Langille From: Andy Herrick Sent: Thursday, January 28, 2021 11:05 AM To: Cameron Langille Subject: RE: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement Cameron, Great. Thanks. See you then. Andy Herrick Deputy ComityAttomey Albemarle Comity ahemck@albemarle.org 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomeycfien t privilege. If you have received this message in error, please call (434) 972-4(167 immnediately, report your receipt of this enhail, and promptly delete the email from all sources on your computer. 11 you are a clunit, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Cameron Langille <blangille@albemarle.org> Sent: Thursday, January 28, 2021 10:59 AM To: Andy Herrick <aherrick@albemarle.org> Cc: Frank Pohl <fpohl@albemarle.org>; David James <djames2@albemarle.org>; Kevin McDermott <kmcdermott@albema rle.org> Subject: RE: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement Thanks Andy, it's been added to today's agenda. From: Andy Herrick <aherrick@albemarle.org> Sent: Thursday, January 28, 2021 10:48 AM To: Cameron Langille <blangille@albemarle.ors> Cc: Frank Pohl <fpohl@albemarle.org>; David James <diames2@albemarle.ors>; Kevin McDermott <kmcdermott@albemarle.org Subject: RE: Belvedere Phase 1113 Sidewalks and SA Emergency Access Easement Cameron, Please add this item to today's legal agenda. Thanks. Andy Herrick Deputy CountyAttomey Albemarle Comity ahemck@alberaule.ora 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomeycfienrt privilege. If you have received this message in error, please call (434) 972.4(167 inmhediately, report your receipt of this enhail, and promptly delete the email frown all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. 103 From: Cameron Langille <blaneille@albemarle.org> Sent: Thursday, January 28, 2021 10:44 AM To: Andy Herrick <aherrick@albemarle.org> Cc: Frank Pohl <fpohl@albemarle.org>; David James <d0ames2@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org Subject: RE: Belvedere Phase 11B Sidewalks and SA Emergency Access Easement Thanks for that information and hyperlink to the 5/6/2020 materials, Andy. That will be very helpful in the future (not just for this application, but any other proposing similar things). Should I set up a Teams call for us to discuss this further? Or should I put this on the legal agenda for today (I know it's a little late but figured we'd all be available then). Please let me know your thoughts and I will arrange a meeting time. From: Andy Herrick <aherrick@albemarle.org> Sent: Thursday, January 28, 2021 10:36 AM To: Cameron Langille <blangille@albemarle.ors> Cc: Frank Pohl <fpohl@albemarle.org>; David James <diames2@albemarle.ore>; Kevin McDermott <kmcdermott@albemarle.org Subject: RE: Belvedere Phase 11B Sidewalks and SA Emergency Access Easement Cameron, Thanks for your message. For starters, I agree that all sidewalks that can be in the public right-of-way should be in the public right-of-way. I fully agree that staff should require the applicant to address your Comment 1 a and show if/why sidewalks cannot be located in the public right -of --way before we agree to enter a separate maintenance agreement Having said that, the landscape has changed somewhat since your 4/6/2020 comment letter. Most notably, on 5/6/2020, the Board authorized sidewalk maintenance agreements with both VDOT and individual developers/owners. See the Executive Sunim . Therefore, a sidewalk agreement for this phase of Belvedere is now an option, at least in theory. However, again, it sounds as though this applicant still has a number of hurdles to clear, especially in showing why the sidewalks cannot be within the public right-of-way, before we should agree to enter an agreement here. I/we owe a response to New Belvedere's attorney. Let's discuss before responding. Thanks. Andy Herrick Deputy Comity Attorney Albemarle County aherrick@albernule.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the atmmeycfietrt privilege. If you have received this message in error, please call (434) 9724167 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Cameron Langille <blaneille@albemarle.org> Sent: Thursday, January 28, 2021 10:14 AM To: Frank Pohl <fpohl@albemarle.ore>; David James <d0ames2@albemarle.org> Cc: Andy Herrick <aherrick@albemarle.org ; Kevin McDermott <kmcdermott@albemarle.org> Subject: RE: Belvedere Phase 11B Sidewalks and SA Emergency Access Easement 104 Good morning everyone, We reviewed this plat back in April. I actually spoke with the County Attorney's office, Engineering, and VDOT about this one. We all agreed that as proposed, this plat cannot be approved because instead of putting improvements that are required to be within public ROW in the actual ROW, it is proposing improvements within public easements on private lots. Please see the attached comment letter. If our policy has changed on this, please advise further. The guidance I was given was that we can't accept public ROW improvements within public easements on private lots without BOS authorization/approval. This was reviewed by Planning, Transportation (Planning), Engineering, and VDOT. A few things: 1. The applicant never responded to our comment letter. The plat is now deemed withdrawn. The applicant must submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of County position on the public easement topic, this in and of itself is a problem. Again, I never received a response from the developer when the comment letter was sent to them. It looks like they're still pursuing this? From: Frank Pohl <fpohl@albemarle.org> Sent: Thursday, January 28, 20219:36 AM To: Cameron Langille <blangille@albemarle.org>; David James <diames2@albemarle.org> Cc: Andy Herrick <aherrick@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: FW: Belvedere Phase 116 Sidewalks and SA Emergency Access Easement David/Cameron, I forgot to include the attachments, now attached. Frank V. Pohl, PE, CFM County Engineer Albemarle County fpohl0albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Andy Herrick <aherrick@albemarle.org> Sent: Tuesday, January 26, 20214:35 PM To: Frank Pohl <fpohl@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Gentlemen, New Belvedere's attorney is asking for: 1. A sidewalk maintenance agreement similar to the ones proposed (but not yet completed) for Old Trail and Chesterfield Landing, 2. A public access easement for certain sidewalks outside the Belvedere rights -of -way, and 3. An emergency access easement. 105 Who in CDD is reviewing this development? I'd like to coordinate our response(s). Thanks. Andy Herrick Deputy Comity Attorney Albemarle Comity aherrick@albemule.org 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomeycfienu privilege. If you have received this message in error, please call (434) 972-4(167 inmiediately, report your receipt of this ennail, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase IIB sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase IIB where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSm ithOSoringCreekLivi ng.com 106 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 107 Cameron Langille From: Cameron Langille Sent: Thursday, January 28, 2021 10:59 AM To: Andy Herrick Cc: Frank Pohl; David lames; Kevin McDermott Subject: RE: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement Thanks Andy, it's been added to today's agenda From: Andy Herrick <aherrick@albemarle.org> Sent: Thursday, January 28, 2021 10:48 AM To: Cameron Langille <blangille@albemarle.org> Cc: Frank Pohl <fpohl@albemarle.org>; David lames <djames2@albemarle.org>; Kevin McDermott <kmcdermott@ albema rle.org> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Cameron, Please add this item to today's legal agenda. Thanks. Andy Herrick Deputy ComityAltomey Albemarle Comity aherrick@albemarle.ore 434-972-4067 401 McIntire Road, Suite 325, Charlovesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attorney-chent privilege. If you have received this message in error, please call (434) 972-4(167 immediately, report your receipt of dus entail, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Cameron Langille <blangille@albemarle.org> Sent: Thursday, January 28, 2021 10:44 AM To: Andy Herrick <aherrick@albemarle.org> Cc: Frank Pohl <fpohl@albemarle.org>; David James <d0ames2@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: RE: Belvedere Phase 11B Sidewalks and SA Emergency Access Easement Thanks for that information and hyperlink to the 5/6/2020 materials, Andy. That will be very helpful in the future (not just for this application, but any other proposing similar things). Should I set up a Teams call for us to discuss this further? Or should I put this on the legal agenda for today (I know it's a little late but figured we'd all be available then). Please let me know your thoughts and I will arrange a meeting time. From: Andy Herrick <aherrick@albemarle.org> Sent: Thursday, January 28, 2021 10:36 AM To: Cameron Langille <blangille@albemarle.org> Cc: Frank Pohl <fpohl@albemarle.org>; David James <diames2@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: RE: Belvedere Phase 11B Sidewalks and SA Emergency Access Easement 108 Cameron, Thanks for your message. For starters, I agree that all sidewalks that can be in the public right-of-way should be in the public right-of-way. I fully agree that staff should require the applicant to address your Comment 1 a and show if/why sidewalks cannot be located in the public right -of --way before we agree to enter a separate maintenance agreement Having said that, the landscape has changed somewhat since your 4/6/2020 conmient letter. Most notably, on 5/6/2020, the Board authorized sidewalk maintenance agreements with both VDOT and individual developers/owners. See the Executive Sunim . Therefore, a sidewalk agreement for this phase of Belvedere is now an option, at least in theory. However, again, it sounds as though this applicant still has a number of hurdles to clear, especially in showing why the sidewalks cannot be within the public right-of-way, before we should agree to enter an agreement here. I/we owe a response to New Belvedere's attorney. Let's discuss before responding. Thanks. Andy Herrick Deputy CounlyAttorney Albemarle Comity ahernck@alberuule.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by die attorney- client privilege. If you have received this message in error, please call (434) 972-4(167 inmrediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Cameron Langille <blaneille@albemarle.org> Sent: Thursday, January 28, 2021 10:14 AM To: Frank Pohl <fpohl@albemarle.ore>; David James <diames2@albemarle.org> Cc: Andy Herrick <aherrick@albemarle.org ; Kevin McDermott <kmcdermott@albemarle.org> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Good morning everyone, We reviewed this plat back in April. I actually spoke with the County Attorney's office, Engineering, and VDOT about this one. We all agreed that as proposed, this plat cannot be approved because instead of putting improvements that are required to be within public ROW in the actual ROW, it is proposing improvements within public easements on private lots. Please see the attached comment letter. If our policy has changed on this, please advise further. The guidance I was given was that we can't accept public ROW improvements within public easements on private lots without BOS authorization/approval. This was reviewed by Planning, Transportation (Planning), Engineering, and VDOT. A few things: 1. The applicant never responded to our comment letter. The plat is now deemed withdrawn. The applicant must submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of County position on the public easement topic, this in and of itself is a problem. Again, I never received a response from the developer when the comment letter was sent to them. It looks like they're still pursuing this? 109 From: Frank Pohl <fpohl@albemarle.org> Sent: Thursday, January 28, 20219:36 AM To: Cameron Langille <blangille@albemarle.org>; David James <diames2@albemarle.org> Cc: Andy Herrick <aherrick@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: FW: Belvedere Phase 116 Sidewalks and SA Emergency Access Easement David/Cameron, I forgot to include the attachments, now attached. Frank V. Pohl, PE, CFM County Engineer Albemarle County foohl@albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Andy Herrick <aherrick@albemarle.org> Sent: Tuesday, January 26, 20214:35 PM To: Frank Pohl <fpohl@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Gentlemen, New Belvedere's attomey is asking for: 1. A sidewalk maintenance agreement similar to the ones proposed (but not yet completed) for Old Trail and Chesterfield Landing, 2. A public access easement for certain sidewalks outside the Belvedere rights -of -way, and 3. An emergency access easement Who in CDD is reviewing this development? I'd like to coordinate our response(s). Thanks. Andy Herrick Deputy Comity Attorney Albemarle Comity aherrick@albetnarle.or¢ 434-972-4067 401 McIntire Road, Suite 325, Chulouesville, VA 22902 Notice: This message is for the mended recipient only. It likely is protected by the attorney -client privilege. If you have received this message m error, please call (434) 972-4(167 immediately, report your receipt of tus email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emaifs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. 110 Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase 1113 sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase 1113 roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase 116 where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWIM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 111 Cameron Langille From: Andy Herrick Sent: Thursday, January 28, 2021 10:48 AM To: Cameron Langille Cc: Frank Pohl; David lames; Kevin McDermott Subject: RE: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement Cameron, Please add this item to today's legal agenda. Thanks. Andy Herrick Deputy Comity Attomey Albemarle Comity ahemck@albemarle.org 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomeycfietrt privilege. If you have received this message in error, please call (434) 972-4(167 inmiediately, report your receipt of this ennail, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Cameron Langille <blangille@albemarle.org> Sent: Thursday, January 28, 2021 10:44 AM To: Andy Herrick <aherrick@albemarle.org> Cc: Frank Pohl <fpohl@albemarle.org>; David James <djames2@albemarle.org>; Kevin McDermott <kmcdermott@ a I bema rle.org> Subject: RE: Belvedere Phase 116 Sidewalks and SA Emergency Access Easement Thanks for that information and hyperlink to the 5/6/2020 materials, Andy. That will be very helpful in the future (not just for this application, but any other proposing similar things). Should I set up a Teams call for us to discuss this further? Or should I put this on the legal agenda for today (I know it's a little late but figured we'd all be available then). Please let me know your thoughts and I will arrange a meeting time. From: Andy Herrick <aherrick@albemarle.org> Sent: Thursday, January 28, 2021 10:36 AM To: Cameron Langille <blangille@albemarle.ors> Cc: Frank Pohl <fpohl@albemarle.org>; David James <d0ames2@albemarle.ors>; Kevin McDermott <kmcdermott@albemarle.org Subject: RE: Belvedere Phase 116 Sidewalks and SA Emergency Access Easement Cameron, Thanks for your message. For starters, I agree that all sidewalks that can be in the public right-of-way should be in the public right-of-way. I fully agree that staff should require the applicant to address your Comment 1 a and show if/why sidewalks cannot be located in the public right -of --way before we agree to enter a separate maintenance agreement 112 Having said that, the landscape has changed somewhat since your 4/6/2020 comment letter. Most notably, on 5/6/2020, the Board authorized sidewalk maintenance agreements with both VDOT and individual developers/owners. See the Executive Sunmfary. Therefore, a sidewalk agreement for this phase of Belvedere is now an option, at least in theory. However, again, it sounds as though this applicant still has a number of hurdles to clear, especially in showing why the sidewalks cannot be within the public right-of-way, before we should agree to enter an agreement here. I/we owe a response to New Belvedere's attorney. Let's discuss before responding. Thanks. Andy Herrick Deputy Comity Attorney Albemarle County aherrick@albemarle.ore 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attomeyclie t privilege. If you have received this message in error, please call (434) 972.4(167 immediately, report your receipt of this eniA, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Cameron Langille <blaneille@albemarle.org> Sent: Thursday, January 28, 2021 10:14 AM To: Frank Pohl <fpohl@albemarle.ore>; David James <diames2@albemarle.org> Cc: Andy Herrick <aherrick@albemarle.org ; Kevin McDermott <kmcdermott@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and SA Emergency Access Easement Good morning everyone, We reviewed this plat back in April. I actually spoke with the County Attorney's office, Engineering, and VDOT about this one. We all agreed that as proposed, this plat cannot be approved because instead of putting improvements that are required to be within public ROW in the actual ROW, it is proposing improvements within public easements on private lots. Please see the attached comment letter. If our policy has changed on this, please advise further. The guidance I was given was that we can't accept public ROW improvements within public easements on private lots without BOS authorization/approval. This was reviewed by Planning, Transportation (Planning), Engineering, and VDOT. A few things: 1. The applicant never responded to our comment letter. The plat is now deemed withdrawn. The applicant must submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of County position on the public easement topic, this in and of itself is a problem. Again, I never received a response from the developer when the comment letter was sent to them. It looks like they're still pursuing this? From: Frank Pohl <fPohl @albemarle.org> Sent: Thursday, January 28, 20219:36 AM To: Cameron Langille <blangille@albemarle.ors>; David James <diames2@albemarle.ore> Cc: Andy Herrick <aherrick@albemarle.org ; Kevin McDermott <kmcdermott@albemarle.org> Subject: FW: Belvedere Phase IIB Sidewalks and SA Emergency Access Easement 113 David/Cameron, I forgot to include the attachments, now attached. Frank V. Pohl, PE, CFM County Engineer Albemarle County fpohl(@albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Andy Herrick <aherrick@albemarle.org> Sent: Tuesday, January 26, 20214:35 PM To: Frank Pohl <fpohl@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Gentlemen, New Belvedere's attorney is asking for: 1. A sidewalk maintenance agreement similar to the ones proposed (but not yet completed) for Old Trail and Chesterfield Landing, 2. A public access easement for certain sidewalks outside the Belvedere rights -of -way, and 3. An emergency access easement. Who in CDD is reviewing this development? I'd like to coordinate our response(s). Thanks. Andy Herrick Deputy Comity Attorney Albemarle County aherrick@albemarle.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attomeyche t privilege. If you have received this message in error, please call (434) 9724167 inmiediately, report your receipt of this entail, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase 11B Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase 116 sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. 114 Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase 116 where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 115 Cameron Langille From: Cameron Langille Sent: Thursday, January 28, 2021 10:44 AM To: Andy Herrick Cc: Frank Pohl; David lames; Kevin McDermott Subject: RE: Belvedere Phase 1113 Sidewalks and 5A Emergency Access Easement Thanks for that information and hyperlink to the 5/6/2020 materials, Andy. That will be very helpful in the future (not just for this application, but any other proposing similar things). Should I set up a Teams call for us to discuss this further? Or should I put this on the legal agenda for today (I know it's a little late but figured we'd all be available then). Please let me know your thoughts and I will arrange a meeting time. From: Andy Herrick <aherrick@albemarle.org> Sent: Thursday, January 28, 2021 10:36 AM To: Cameron Langille <blangille@albemarle.org> Cc: Frank Pohl <fpohl@albemarle.org>; David James <djames2@albemarle.org>; Kevin McDermott <kmcdermott@albema rle.org> Subject: RE: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Cameron, Thanks for your message. For starters, I agree that all sidewalks that can be in the public right-of-way should be in the public right-of-way. I fully agree that staff should require the applicant to address your Comment 1 a and show if/why sidewalks cannot be located in the public right -of --way before we agree to enter a separate maintenance agreement Having said that, the landscape has changed somewhat since your 4/6/2020 conmient letter. Most notably, on 5/6/2020, the Board authorized sidewalk maintenance agreements with both VDOT and individual developers/owners. See the Executive Sunmfary. Therefore, a sidewalk agreement for this phase of Belvedere is now an option, at least in theory. However, again, it sounds as though this applicant still has a number of hurdles to clear, especially in showing why the sidewalks cannot be within the public right-of-way, before we should agree to enter an agreement here. I/we owe a response to New Belvedere's attorney. Let's discuss before responding. Thanks. Andy Herrick Deputy CountyAttoruey Albemarle Comity ahem Walbernule.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by die attorney- client privilege. If you have received this message in error, please call (434) 972-4(167 inmiediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a cheat, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Cameron Langille <blaneille@albemarle.org> Sent: Thursday, January 28, 2021 10:14 AM To: Frank Pohl <fpohl@albemarle.ore>; David James <diames2@albemarle.org> 116 Cc: Andy Herrick <aherrick@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: RE: Belvedere Phase 116 Sidewalks and SA Emergency Access Easement Good morning everyone, We reviewed this plat back in April. I actually spoke with the County Attorney's office, Engineering, and VDOT about this one. We all agreed that as proposed, this plat cannot be approved because instead of putting improvements that are required to be within public ROW in the actual ROW, it is proposing improvements within public easements on private lots. Please see the attached comment letter. If our policy has changed on this, please advise further. The guidance I was given was that we can't accept public ROW improvements within public easements on private lots without BOS authorization/approval. This was reviewed by Planning, Transportation (Planning), Engineering, and VDOT. A few things: 1. The applicant never responded to our comment letter. The plat is now deemed withdrawn. The applicant must submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of County position on the public easement topic, this in and of itself is a problem. Again, I never received a response from the developer when the comment letter was sent to them. It looks like they're still pursuing this? From: Frank Pohl <fpohl@albemarle.org> Sent: Thursday, January 28, 20219:36 AM To: Cameron Langille <blangille@albemarle.org>; David James <diames2@albemarle.org> Cc: Andy Herrick <aherrick@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: FW: Belvedere Phase 116 Sidewalks and SA Emergency Access Easement David/Cameron, I forgot to include the attachments, now attached. Frank V. Pohl, PE, CFM County Engineer Albemarle County foohl0albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Andy Herrick <aherrick@albemarle.org> Sent: Tuesday, January 26, 20214:35 PM To: Frank Pohl <fpohl@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement Gentlemen, New Belvedere's attorney is asking for: 1. A sidewalk maintenance agreement similar to the ones proposed (but not yet completed) for Old Trail and Chesterfield Landing, 2. A public access easement for certain sidewalks outside the Belvedere rights -of -way, and 117 3. An emergency access easement Wbo in CDD is reviewing this development? I'd like to coordinate our response(s). "Thanks. Andy Herrick Deputy ComityAnorney Albemarle County ahernrWalbernule.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attomeyche t privilege. If you have received this message in error, please call (434) 9724167 immediately, report your receipt of this eniA, and promptly delete the email from all sources on your computer. If you are a chent, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase IIB sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase IIB where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSm ith(a)SorineCreekLivi ne.com 118 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 119 Cameron Langille From: Andy Herrick Sent: Thursday, January 28, 2021 10:36 AM To: Cameron Langille Cc: Frank Pohl; David lames; Kevin McDermott Subject: RE: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Cameron, Thanks for your message. For starters, I agree that all sidewalks that can be in the public right-of-way should be in the public right-of-way. I fully agree that staff should require the applicant to address your Comment 1 a and show if/why sidewalks cannot be located in the public right -of --way before we agree to enter a separate maintenance agreement Having said that, the landscape has changed somewhat since your V6/2020 continent letter. Most notably, on 5/6/2020, the Board authorized sidewalk maintenance agreements with both VDOT and individual developers/owners. See the Executive Sunmfary. Therefore, a sidewalk agreement for this phase of Belvedere is now an option, at least in theory. However, again, it sounds as though this applicant still has a number of hurdles to clear, especially in showing why the sidewalks cannot be within the public right-of-way, before we should agree to enter an agreement here. I/we owe a response to New Belvedere's attorney. Let's discuss before responding. Thanks. Andy Herrick Deputy ComityAttomey Albemarle Comity ahemck@albemarle.org 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomeycfie t privilege. If you have received this message in error, please can (434) 972.4(167 inmtediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Cameron Langille <blangille@albemarle.org> Sent: Thursday, January 28, 2021 10:14 AM To: Frank Pohl <fpohl@albemarle.org>; David James <djames2@albemarle.org> Cc: Andy Herrick <aherrick@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: RE: Belvedere Phase IIB Sidewalks and SA Emergency Access Easement Good morning everyone, We reviewed this plat back in April. I actually spoke with the County Attorney's office, Engineering, and VDOT about this one. We all agreed that as proposed, this plat cannot be approved because instead of putting improvements that are required to be within public ROW in the actual ROW, it is proposing improvements within public easements on private lots. Please see the attached comment letter. If our policy has changed on this, please advise further. The guidance I was given was that we can't accept public ROW improvements within public easements on private lots without BOS authorization/approval. This was reviewed by Planning, Transportation (Planning), Engineering, and VDOT. 120 A few things: 1. The applicant never responded to our comment letter. The plat is now deemed withdrawn. The applicant must submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of County position on the public easement topic, this in and of itself is a problem. Again, I never received a response from the developer when the comment letter was sent to them. It looks like they're still pursuing this? From: Frank Pohl <fpohl@albemarle.org> Sent: Thursday, January 28, 20219:36 AM To: Cameron Langille <blangille@albemarle.ors>; David James <diames2@albemarle.ore> Cc: Andy Herrick <aherrick@albemarle.org ; Kevin McDermott <kmcdermott@albemarle.org> Subject: FW: Belvedere Phase 116 Sidewalks and SA Emergency Access Easement David/Cameron, I forgot to include the attachments, now attached. Frank V. Pohl, PE, CFM County Engineer Albemarle Court fpohl(@albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Andy Herrick <aherrick@albemarle.org> Sent: Tuesday, January 26, 20214:35 PM To: Frank Pohl <fpohl@albemarle.ore>; Kevin McDermott <kmcdermott@albemarle.ore> Subject: FW: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement Gentlemen, New Belvedere's attorney is asking for: 1. A sidewalk maintenance agreement similar to the ones proposed (but not yet completed) for Old Trail and Chesterfield Landing, 2. A public access easement for certain sidewalks outside the Belvedere rights -of -way, and 3. An emergency access easement Who in CDD is reviewing this development? I'd like to coordinate our response(s). Thanks. Andy Herrick Deputy ComityAharney Albemarle Comity aherrick@albemule.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the atmmey-cfie it privilege. If you have received this message in error, please call (434) 9724167 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. 121 From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase IIB sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase IIB where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 122 Cameron Langille From: Cameron Langille Sent: Thursday, January 28, 2021 10:14 AM To: Frank Pohl; David James Cc: Andy Herrick; Kevin McDermott Subject: RE: Belvedere Phase 1113 Sidewalks and 5A Emergency Access Easement Attachments: SUB202000048 First Review Comments.pdf Good morning everyone, We reviewed this plat back in April. I actually spoke with the County Attorney's office, Engineering, and VDOT about this one. We all agreed that as proposed, this plat cannot be approved because instead of putting improvements that are required to be within public ROW in the actual ROW, it is proposing improvements within public easements on private lots. Please see the attached comment letter. If our policy has changed on this, please advise further. The guidance I was given was that we can't accept public ROW improvements within public easements on private lots without BOS authorization/approval. This was reviewed by Planning, Transportation (Planning), Engineering, and VDOT. A few things: 1. The applicant never responded to our comment letter. The plat is now deemed withdrawn. The applicant must submit a new application and fee to pursue this. 2. As proposed, the public easements overlap in many areas with existing ACSA and drainage easements. Regardless of County position on the public easement topic, this in and of itself is a problem. Again, I never received a response from the developer when the comment letter was sent to them. It looks like they're still pursuing this? From: Frank Pohl <fpohl@albemarle.org> Sent: Thursday, January 28, 20219:36 AM To: Cameron Langille <blangille@albemarle.org>; David James <djames2@albemarle.org> Cc: Andy Herrick <aherrick@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: FW: Belvedere Phase 116 Sidewalks and 5A Emergency Access Easement David/Cameron, I forgot to include the attachments, now attached. Frank V. Pohl, PE, CFM County Engineer Albemarle County foohl0albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Andy Herrick <aherrick@albemarle.ore> Sent: Tuesday, January 26, 20214:35 PM 123 To: Frank Pohl <fpohl@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: FW: Belvedere Phase IIB Sidewalks and SA Emergency Access Easement Gentlemen, New Belvedere's attorney is asking for: 1. A sidewalk maintenance agreement similar to the ones proposed (but not yet completed) for Old Trail and Chesterfield Landing, 2. A public access easement for certain sidewalks outside the Belvedere rights -of -way, and 3. An emergency access easement Who in CDD is reviewing this development? I'd like to coordinate our response(s). Thanks. Andy Herrick Deputy Comity Attorney Albemarle Comity aherricWalbemarle.ore 434-972-4067 401 McIntire Road, Suite 325, Cbarlouesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attorney-chetrt privilege. If you have received this message in error, please call (434) 972-4(167 inmiediately, reportyour receipt of dris ennail, and promptly delete the email from all sources on your computer. 11 you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Tbank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase IIB sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase IIB where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public 124 emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 125 Cameron Langille From: Frank Pohl Sent: Thursday, January 28, 2021 9:35 AM To: Andy Herrick; Kevin McDermott Cc: David James; Cameron Langille Subject: RE: Belvedere Phase 1113 Sidewalks and 5A Emergency Access Easement Andy, David (engineering) and Cameron are reviewing the sidewalk easement plat. I am not sure what Phase that is in... The 5A road plans are also David's and Cameron's. Let me know if I can help. Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County fpohl@albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Andy Herrick <aherrick@albemarle.org> Sent: Tuesday, January 26, 20214:35 PM To: Frank Pohl <fpohl@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: FW: Belvedere Phase 1113 Sidewalks and 5A Emergency Access Easement Gentlemen, New Belvedere's attorney is asking for: 1. A sidewalk maintenance agreement similar to the ones proposed (but not yet completed) for Old Trail and Chesterfield Landing, 2. A public access easement for certain sidewalks outside the Belvedere rights -of -way, and 3. An emergency access easement Who in CDD is reviewing this development? I'd like to coordinate our response(s). Thanks. Andy Herrick Deputy CounlyAhorney Albemarle Comity aherrick@albemarle.ora !SLS!YL'.CIIItYI 401 McIntire Road, Suite 325, Cbarlovesville, VA 22902 Notice: This message is for the iuwtded recipient only. It likely is protected by dne auomey-client privilege. If you have received this message in error, please call (434) 972.4M7 inmiediately, report your receipt of this email, and promptly delete the email from all sources on your computer. It you are a cheat, you should maintain this emaifs contents in confidence to preserve its protected status. Thank you. 126 From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, January 26, 2021 1:21 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Belvedere Phase IIB Sidewalks and 5A Emergency Access Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: 1. Following our discussion, please find attached a proposed agreement for Belvedere's Phase IIB sidewalk maintenance. Our engineer prosecuting the acceptance of the Phase IIB roads, Seth Roderick, will be reviewing the sidewalks and roads with County Engineering for acceptance, but I assume it will help matters to have your review of this proposed agreement. Attached is a redline showing changes from your template. The only changes are in the preamble and address the fact that New Belvedere, Inc. is the successor Declarant. To be clear, this agreement would only affect a small portion of Belvedere, specifically, the corners of 14 lots in Phase IIB where the sidewalk ramp structures encroach onto the residential lots. I will also need to prepare and submit for your review a dedication of a public pedestrian easement for these areas the majority of which are shown on the attached plat which is being amended to add six more. If you have a template dedication deed, I'd be happy to work from it. 2. Also, I am working on deeds to convey required portions of Belvedere's Phase 5A common areas to public use such as SWM structures and sight distance easements. Among the easements we must convey is an public emergency access easement. Are you aware of a County template for public emergency access easements? And if so, I would appreciate a copy to go by as I prepare this. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com BE L DERE CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 127 Cameron Langille From: Andrew Slack Sent: Friday, April 10, 2020 3:05 PM To: Patricia Saternye Cc: Cameron Langille; Francis MacCall Subject: RE: Belvedere NMD line appears to not be up to date. Those updates should show up on Monday to the GISWeb. It would be covered in the weekend updates I believe. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslackkalbemarle.org www.albemarte.org From: Patricia Saternye <psaternye@albemarle.org> Sent: Friday, April 10, 2020 2:25 PM To: Andrew Slack <aslack@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org>; Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, Thanks Q. How long will it take to appear in GIS? I just opened it up the revisions do not appear to have taken effect yet. Have a great weekend (as possible, that is). Be well, Paty Saternye Senior Planner Community Development fe Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.ore www.albemarle.ors 128 From: Andrew Slack <aslack@albemarle.ore> Sent: Friday, April 10, 20201:35 PM To: Patricia Saternye <psaternve@albemarle.ore>; Francis MacCall <FMACCALL@albemarle.ore> Cc: Cameron Langille <blanaille@albemarle.ora> Subject: RE: Belvedere NMD line appears to not be up to date. All, Francis and I had an opportunity to chat about these changes and I have updated the zoning layer to reflect the updates. apologize for the delay. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.or¢ From: Patricia Saternye <psaternve@albemarle.org> Sent: Tuesday, April 7, 2020 8:20 AM To: Andrew Slack <aslack@albemarle.org>; Francis MacCall <FMACCALL@albemarle.org> Cc: Cameron Langille <blaneille@albemarle.ora> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, Good morning. Thanks for the quick response �. You might already have the information you are requesting from Francis. This is the change that I thought had been done priorto the GIS upgrade (possibly over a year ago) and then appeared to go back to the older linework possibly with the GIS update (a guess on my part). So, if that is the case, you likely have documentation from Francis on this from a year or more ago when I thought the change had been requested and made. Francis, Wasn't it your understanding that the changes in the highlighted plat (pages 2 & 3) had already been done on GIS? My recollection is that over a year ago that we had many discussions on this (including meetings with the owners), that you had worked with Andy (or another GDS staff member), and that the change had been made to the GIS for that portion of the Belvedere NMD. As mentioned to you recently, those changes that I thought I had seen on the GIS (after you having worked on it) are no longer there. If you have any information, or old emails, where you worked with Andy (or other GDS staff) on this could you forward it to Andy now so that he can put the change back in place? Thanks, Paty Saternye Senior Planner Community Development 129 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.or www.albemarle.ore From: Andrew Slack <aslack@albemarle.ore> Sent: Tuesday, April 7, 2020 8:06 AM To: Patricia Saternye <psaternve@albemarle.ore>; Francis MacCall <FMACCALL@albemarle.ore> Cc: Cameron Langille <blaneille@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Hi Paty, Unfortunately I haven't had a good opportunity to review these changes with Francis yet to update the zoning layer appropriately. I've cc'ed Francis on here to let him check out the changes since he is a lot more knowledgeable than I am when it comes to Zoning determinations. Francis, When you have a chance could you check out the attached line that Paty has updated on the attached plat and we can discuss getting this updated. Let me know when you have a chance and we can catch up on this and try to get it updated. Cameron, I just didn't want you to feel left out. I hope you are doing well. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslackkalbemarle.org www.albemarle.om From: Patricia Saternye <psaternve@albemarle.org> Sent: Monday, April 6, 2020 5:40 PM To: Andrew Slack <aslack@albemarle.ors> Cc: Cameron Langille <blaneille@albemarle.ore> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, I was looking back on your last email in reference to the Belvedere NMD line issues. I had forgotten that you had suggested we wait until the lots are officially subdivided in order to be more accurate. With the exception of TMP61-160116 being subdivide (and "creating" one of the lines where the NMD boundary will be) the subdivisions have already taken place. 130 Is it possible to update at least the other portions of the NMD line in GIS. Cameron is reviewing a Belvedere project and was confused with the NMD line as it is currently shown on the GIS. I made the attached markup for him (see attached on pages 2 & 3), to try to clarify, but he was asking when the fix for the GIS layer was going to happen. So I wanted to reach out to you to broach the subject again. Thanks, Paty Saternye Senior Planner Community Development h 'P1 V 41w Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Andrew Slack <aslack@albemarle.org> Sent: Thursday, February 6, 2020 2:30 PM To: Patricia Saternye <paaternye@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. It's possible. When Francis and I worked on this though the section of Belvedere that you're looking at hadn't been updated yet so this seems like something that we need to adjust with the newer parcel boundaries and make it more accurate. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.org From: Patricia Saternye <psaternye@albemarle.org> Sent: Thursday, February 6, 2020 2:12 PM To: Andrew Slack <aslack@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, Thanks First, yes please make the update. 131 Second, I had thought that the line been updated and corrected before But when I looked at it in the last two days it seems like the changes that were made had been wiped out again. Is there any chance that an older NMD line replaced the one you work with Francis on since you did so? Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Andrew Slack <aslack@albemarle.org> Sent: Thursday, February 6, 2020 2:07 PM To: Patricia Saternye <psaternve@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Hi Paty, Francis and I did work on this area a while ago and updated the NMD with the maps we had at the time. Thanks for sending along this newer plat. Francis, Would you like me to go ahead and make these changes to get this updated? Do we need to chat about it at all? Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.org From: Patricia Saternye <psaternye@albemarle.org> Sent: Thursday, February 6, 2020 1:42 PM To: Andrew Slack <aslack@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: Belvedere NMD line appears to not be up to date. Andy, I was hoping you could help with something in reference to the zoning lines on the County's GIS. In doing a review for Belvedere this week I notice something that appears to not yet be updated on GIS. 132 A portion of the Belvedere NMD line in the GIS system appears to have never been correct. Attached is a page from a recorded plat (DB5193 PG 462). I've highlighted the portion of the Belvedere NMD zoning line in question. This is the NMD line for Belvedere that the applicant used on the site plan and subdivision plan based upon information from and meetings with Francis M. It is my understanding that Francis and you were working on this previously and that Francis thought it was going to be updated in the GIS. Do you know the time period for this getting updated in GIS? Or was there some reason why it wasn't added to the GIS? Thanks, Paty Saternye Senior Planner Community Development =4 U -a��Rclen*i Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 133 Cameron Langille From: Patricia Saternye Sent: Friday, April 10, 2020 2:25 PM To: Andrew Slack Cc: Cameron Langille; Francis MacCall Subject: RE: Belvedere NMD line appears to not be up to date. Andy, Thanks �. How long will it take to appear in GIS? I just opened it up the revisions do not appear to have taken effect yet. Have a great weekend (as possible, that is). Be well, Paty Saternye Senior Planner Community Development ,� of �4 u Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Andrew Slack <aslack@albemarle.org> Sent: Friday, April 10, 20201:35 PM To: Patricia Saternye <psaternye@albemarle.org>; Francis MacCall <FMACCALL@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. All, Francis and I had an opportunity to chat about these changes and I have updated the zoning layer to reflect the updates. I apologize for the delay. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.org 134 From: Patricia Saternye <psaternve@albemarle.org> Sent: Tuesday, April 7, 2020 8:20 AM To: Andrew Slack <aslack@albemarle.org>; Francis MacCall <FMACCALLCa@albemarle.org> Cc: Cameron Langille <blaneille@albemarle.ora> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, Good morning. Thanks for the quick response Q. You might already have the information you are requesting from Francis. This is the change that I thought had been done prior to the GIS upgrade (possibly over a year ago) and then appeared to go back to the older linework possibly with the GIS update (a guess on my part). So, if that is the case, you likely have documentation from Francis on this from a year or more ago when I thought the change had been requested and made. Francis, Wasn't it your understanding that the changes in the highlighted plat (pages 2 & 3) had already been done on GIS? My recollection is that over a year ago that we had many discussions on this (including meetings with the owners), that you had worked with Andy (or another GDS staff member), and that the change had been made to the GIS for that portion of the Belvedere NMD. As mentioned to you recently, those changes that I thought I had seen on the GIS (after you having worked on it) are no longer there. If you have any information, or old emails, where you worked with Andy (or other GDS staff) on this could you forward it to Andy now so that he can put the change back in place? Thanks, Paty Saternye Senior Planner Community Development ,� of �4 u R aR/R41�T Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Andrew Slack <aslack@albemarle.ore> Sent: Tuesday, April 7, 2020 8:06 AM To: Patricia Saternye <psaternve@albemarle.ora>; Francis MacCall <FMACCALL@albemarle.ore> Cc: Cameron Langille <blangille@albemarle.ore> Subject: RE: Belvedere NMD line appears to not be up to date. Hi Patty 135 Unfortunately I haven't had a good opportunity to review these changes with Francis yet to update the zoning layer appropriately. I've cc'ed Francis on here to let him check out the changes since he is a lot more knowledgeable than I am when it comes to Zoning determinations. Francis, When you have a chance could you check out the attached line that Paty has updated on the attached plat and we can discuss getting this updated. Let me know when you have a chance and we can catch up on this and try to get it updated. Cameron, I just didn't want you to feel left out. I hope you are doing well. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.or¢ From: Patricia Saternye <psaternve@albemarle.org> Sent: Monday, April 6, 2020 5:40 PM To: Andrew Slack <aslack@albemarle.ors> Cc: Cameron Langille <blaneille@albemarle.ora> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, I was looking back on your last email in reference to the Belvedere NMD line issues. I had forgotten that you had suggested we wait until the lots are officially subdivided in order to be more accurate. With the exception ofTMP61-160R6 being subdivide (and "creating" one of the lines where the NMD boundary will be) the subdivisions have already taken place. Is it possible to update at least the other portions of the NMD line in GIS. Cameron is reviewing a Belvedere project and was confused with the NMD line as it is currently shown on the GIS. I made the attached markup for him (see attached on pages 2 & 3), to try to clarify, but he was asking when the fix for the GIS layer was going to happen. So I wanted to reach out to you to broach the subject again. Thanks, Paty Saternye Senior Planner Community Development Ot =4 u -i�/R41e��1 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 136 psaternve@albemarle.org www.albemarle.org From: Andrew Slack <aslack@albemarle.org> Sent: Thursday, February 6, 2020 2:30 PM To: Patricia Saternye <psaternve@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. It's possible. When Francis and I worked on this though the section of Belvedere that you're looking at hadn't been updated yet so this seems like something that we need to adjust with the newer parcel boundaries and make it more accurate. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.org From: Patricia Saternye <psaternve@albemarle.org> Sent: Thursday, February 6, 2020 2:12 PM To: Andrew Slack <aslack@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, Thanks First, yes please make the update. Second, I had thought that the line been updated and corrected before But when I looked at it in the last two days it seems like the changes that were made had been wiped out again. Is there any chance that an older NMD line replaced the one you work with Francis on since you did so? Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org 137 From: Andrew Slack <aslack@albemarle.org> Sent: Thursday, February 6, 2020 2:07 PM To: Patricia Saternye <psaternve@albemarle.org> Cc: Francis MacCall <FMACCALLCa@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Hi Paty, Francis and I did work on this area a while ago and updated the NMD with the maps we had at the time. Thanks for sending along this newer plat. Francis, Would you like me to go ahead and make these changes to get this updated? Do we need to chat about it at all? Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.org From: Patricia Saternye <psaternye@albemarle.org> Sent: Thursday, February 6, 2020 1:42 PM To: Andrew Slack <aslack@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: Belvedere NMD line appears to not be up to date. Andy, I was hoping you could help with something in reference to the zoning lines on the County's GIS. In doing a review for Belvedere this week I notice something that appears to not yet be updated on GIS. A portion of the Belvedere NMD line in the GIS system appears to have never been correct. Attached is a page from a recorded plat (DB5193 PG 462). I've highlighted the portion of the Belvedere NMD zoning line in question. This is the NMD line for Belvedere that the applicant used on the site plan and subdivision plan based upon information from and meetings with Francis M. It is my understanding that Francis and you were working on this previously and that Francis thought it was going to be updated in the GIS. Do you know the time period for this getting updated in GIS? Or was there some reason why it wasn't added to the GIS? Thanks, Paty Saternye Senior Planner Community Development 138 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 139 Cameron Langille From: Andrew Slack Sent: Friday, April 10, 2020 1:35 PM To: Patricia Saternye; Francis MacCall Cc: Cameron Langille Subject: RE: Belvedere NMD line appears to not be up to date. All, Francis and I had an opportunity to chat about these changes and I have updated the zoning layer to reflect the updates. I apologize for the delay. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.or¢ From: Patricia Saternye <psaternye@albemarle.org> Sent: Tuesday, April 7, 2020 8:20 AM To: Andrew Slack <aslack@albemarle.org>; Francis MacCall <FMACCALL@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, Good morning. Thanks for the quick response Q. You might already have the information you are requesting from Francis. This is the change that I thought had been done prior to the GIS upgrade (possibly over a year ago) and then appeared to go back to the older linework possibly with the GIS update (a guess on my part). So, if that is the case, you likely have documentation from Francis on this from a year or more ago when I thought the change had been requested and made. Francis, Wasn't it your understanding that the changes in the highlighted plat (pages 2 & 3) had already been done on GIS? My recollection is that over a year ago that we had many discussions on this (including meetings with the owners), that you had worked with Andy (or another GDS staff member), and that the change had been made to the GIS for that portion of the Belvedere NMD. As mentioned to you recently, those changes that I thought I had seen on the GIS (after you having worked on it) are no longer there. If you have any information, or old emails, where you worked with Andy (or other GDS staff) on this could you forward it to Andy now so that he can put the change back in place? Thanks, Paty Saternye 140 Senior Planner Community Development 7p � 1 V Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Andrew Slack <aslack@albemarle.org> Sent: Tuesday, April 7, 2020 8:06 AM To: Patricia Saternye <psaternye@albemarle.org>; Francis MacCall <FMACCALL@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Hi Paty, Unfortunately I haven't had a good opportunity to review these changes with Francis yet to update the zoning layer appropriately. I've cc'ed Francis on here to let him check out the changes since he is a lot more knowledgeable than I am when it comes to Zoning determinations. Francis, When you have a chance could you check out the attached line that Paty has updated on the attached plat and we can discuss getting this updated. Let me know when you have a chance and we can catch up on this and try to get it updated Cameron, I just didn't want you to feel left out. I hope you are doing well. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.org From: Patricia Saternye <psaternye@albemarle.org> Sent: Monday, April 6, 2020 5:40 PM To: Andrew Slack <aslack@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, I was looking back on your last email in reference to the Belvedere NMD line issues. I had forgotten that you had suggested we wait until the lots are officially subdivided in order to be more accurate. 141 With the exception ofTMP61-160R6 being subdivide (and "creating" one of the lines where the NMD boundary will be) the subdivisions have already taken place. Is it possible to update at least the other portions of the NMD line in GIS. Cameron is reviewing a Belvedere project and was confused with the NMD line as it is currently shown on the GIS. I made the attached markup for him (see attached on pages 2 & 3), to try to clarify, but he was asking when the fix for the GIS layer was going to happen. So I wanted to reach out to you to broach the subject again. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Andrew Slack <aslack@albemarle.org> Sent: Thursday, February 6, 2020 2:30 PM To: Patricia Saternye <psaternve@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. It's possible. When Francis and I worked on this though the section of Belvedere that you're looking at hadn't been updated yet so this seems like something that we need to adjust with the newer parcel boundaries and make it more accurate. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.org From: Patricia Saternye <psaternve@albemarle.org> Sent: Thursday, February 6, 2020 2:12 PM To: Andrew Slack <aslack@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, Thanks 142 First, yes please make the update. Second, I had thought that the line been updated and corrected before But when I looked at it in the last two days it seems like the changes that were made had been wiped out again. Is there any chance that an older NMD line replaced the one you work with Francis on since you did so? Thanks, Paty Saternye Senior Planner Community Development ri Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Andrew Slack <aslack@albemarle.org> Sent: Thursday, February 6, 2020 2:07 PM To: Patricia Saternye <psaternve@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Hi Paty, Francis and I did work on this area a while ago and updated the NMD with the maps we had at the time. Thanks for sending along this newer plat. Francis, Would you like me to go ahead and make these changes to get this updated? Do we need to chat about it at all? Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.org From: Patricia Saternye <psaternve@albemarle.org> Sent: Thursday, February 6, 2020 1:42 PM To: Andrew Slack <aslack@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: Belvedere NMD line appears to not be up to date. Andy, 143 I was hoping you could help with something in reference to the zoning lines on the County's GIS. In doing a review for Belvedere this week I notice something that appears to not yet be updated on GIS. A portion of the Belvedere NMD line in the GIS system appears to have never been correct. Attached is a page from a recorded plat (DB5193 PG 462). I've highlighted the portion of the Belvedere NMD zoning line in question. This is the NMD line for Belvedere that the applicant used on the site plan and subdivision plan based upon information from and meetings with Francis M. It is my understanding that Francis and you were working on this previously and that Francis thought it was going to be updated in the GIS. Do you know the time period for this getting updated in GIS? Or was there some reason why it wasn't added to the GIS? Thanks, Paty Saternye Senior Planner Community Development 4, mill A!y L I -o A^ Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org 144 Cameron Langille From: Cameron Langille Sent: Tuesday, April 7, 2020 2:52 PM To: Don Franco Subject: RE: Belvedere Sidewalk Easements Attachments: SUB202000048 Belvedere Sidewalk Easements - First Review Comments Hi Don, I sent the comments to you & Bethany yesterday afternoon. I have attached the email for your reference, which you can open and then see the attached comment letter PDF. Let me know if you have trouble accessing it. -Cameron From: Don Franco <DFranco@roudabush.com> Sent: Tuesday, April 7, 2020 1:11 PM To: Cameron Langille <blangille@albemarle.org> Subject: FW: Belvedere Sidewalk Easements CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Any update? Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Steve Krohn <skrohn@resortscompanies.com> Sent: Tuesday, April 7, 20201:08 PM To: Bethany Velasquez <Bethany@roudabush.com> Cc: Don Franco <DFranco@roudabush.com>; Garrett Smith «smith@resortscompanies.com> Subject: FW: Belvedere Sidewalk Easements Just feel, Sam Craig closed on the sale of lot 236 last week. I'm still waiting to hear back from him what the agreement is relative to the new homeowner signing the easement. At a minimum, we'd need to add them as a signor on the plat. All the other signors need to remain. Hopefully, we can get this done before Frank needs to close on lot 235, which is imminent. Steve Krohn (434)220-7701 145 From: Bethany Velasquez <Bethany@roudabush.com> Sent: Friday, March 13, 202012:51 PM To: Steve Krohn <skrohn@resortscompanies.com>; Garrett Smith <gsmith@resortscompanies.com> Cc: Brian Jamison <BJamison@roudabush.com> Subject: Belvedere Sidewalk Easements Good afternoon all, I forgot to forward you a PDF of the plat we submitted on Monday. I've attached it here for your reference. Of course, we will need to update the owner info if any of these lots close before the plat is approved/recorded. The application number is SUB202000048 for your reference. Also, I noticed on the exhibit that Scott sent over, that it actually looks like the sidewalk also encroaches on lot 230, 226, 22S, 222, and 221, though there was no new easement sketched on those lots so not sure if that's something that needs to be addressed, either on this plat, or a subsequent one. ROUDABU,SK CAM Bethany Velasquez & ASSpQA'1TFSJW, Roudabush, Gale & Assoc., Inc. I Survey LAND euRVEY1NG 434.977.0205 ENGINEEPING 914 Monticello Road, Charlottesville, VA 22902 LAND PLANNING w .roudabush.com Office hours: 7:30-4:00 M-F CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 146 Cameron Langille From: Don Franco <DFranco@roudabush.com> Sent: Tuesday, April 7, 2020 1:11 PM To: Cameron Langille Subject: FW: Belvedere Sidewalk Easements Attachments: Bely. Sidewalk Esmts.pdf, Belvedere Phase 1113 Sidewalk easement exhibit.pdf CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Any update? Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Steve Krohn <skrohn@resortscompanies.com> Sent: Tuesday, April 7, 2020 1:08 PM To: Bethany Velasquez <Bethany@roudabush.com> Cc: Don Franco <DFranco@roudabush.com>; Garrett Smith <gsmith@resortscompanies.com> Subject: FW: Belvedere Sidewalk Easements Just feel, Sam Craig closed on the sale of lot 236 last week. I'm still waiting to hear back from him what the agreement is relative to the new homeowner signing the easement. At a minimum, we'd need to add them as a signor on the plat. All the other signors need to remain. Hopefully, we can get this done before Frank needs to close on lot 235, which is imminent. Steve Krohn (434)220-7701 From: Bethany Velasquez <Bethany@roudabush.com> Sent: Friday, March 13, 202012:51 PM To: Steve Krohn <skrohn@resortscompanies.com>; Garrett Smith <gsmith@resortscompanies.com> Cc: Brian Jamison <BJamison@roudabush.com> Subject: Belvedere Sidewalk Easements Good afternoon all, I forgot to forward you a PDF of the plat we submitted on Monday. I've attached it here for your reference. Of course, we will need to update the owner info if any of these lots close before the plat is approved/recorded. The application number is SUB202000048 for your reference. Also, I noticed on the exhibit that Scott sent over, that it actually looks like the sidewalk also encroaches on lot 230, 226, 225, 222, and 221, though there was no new easement sketched on those lots so not sure if that's something that needs to be addressed, either on this plat, or a subsequent one. 147 ROUDABUSH,GALF, Bethany Velasquez & A.4S(X ISMI MC'. Roudabush, Gale & Assoc., Inc. I Survey LAND aura IHG 434.977.0205 ENDINEEPIND 914 Monticello Road, Charlottesville, VA 22902 LAND PLANNING w .roudabush.eom Office hours: 7:30-4:00 M-F CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 148 Cameron Langille From: Patricia Saternye Sent: Tuesday, April 7, 2020 8:20 AM To: Andrew Slack; Francis MacCall Cc: Cameron Langille Subject: RE: Belvedere NMD line appears to not be up to date. Attachments: SUB201800117 approved Plat Final Plat 2019-07-17 NMD line highlighted on Pages 2and3.pdf Andy, Good morning. Thanks for the quick response �. You might already have the information you are requesting from Francis. This is the change that I thought had been done prior to the GIS upgrade (possibly over a year ago) and then appeared to go back to the older linework possibly with the GIS update (a guess on my part). So, if that is the case, you likely have documentation from Francis on this from a year or more ago when I thought the change had been requested and made. Francis, Wasn't it your understanding that the changes in the highlighted plat (pages 2 & 3) had already been done on GIS? My recollection is that over a year ago that we had many discussions on this (including meetings with the owners), that you had worked with Andy (or another GDS staff member), and that the change had been made to the GIS for that portion of the Belvedere NMD. As mentioned to you recently, those changes that I thought I had seen on the GIS (after you having worked on it) are no longer there. If you have any information, or old emails, where you worked with Andy (or other GDS staff) on this could you forward it to Andy now so that he can put the change back in place? Thanks, Paty Saternye Senior Planner Community Development fe Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.ors From: Andrew Slack <aslack@albemarle.org> Sent: Tuesday, April 7, 2020 8:06 AM To: Patricia Saternye <psaternye@albemarle.org>; Francis MacCall <FMACCALL@albemarle.org> 149 Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Hi Paty, Unfortunately I haven't had a good opportunity to review these changes with Francis yet to update the zoning layer appropriately. I've cc'ed Francis on here to let him check out the changes since he is a lot more knowledgeable than I am when it comes to Zoning determinations. Francis, When you have a chance could you check out the attached line that Paty has updated on the attached plat and we can discuss getting this updated. Let me know when you have a chance and we can catch up on this and try to get it updated. Cameron, I just didn't want you to feel left out. I hope you are doing well. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.ore From: Patricia Saternye <psaternye@albemarle.org> Sent: Monday, April 6, 2020 5:40 PM To: Andrew Slack <aslack@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, I was looking back on your last email in reference to the Belvedere NMD line issues. I had forgotten that you had suggested we wait until the lots are officially subdivided in order to be more accurate. With the exception of TMP61-160R6 being subdivide (and "creating" one of the lines where the NMD boundary will be) the subdivisions have already taken place. Is it possible to update at least the other portions of the NMD line in GIS. Cameron is reviewing a Belvedere project and was confused with the NMD line as it is currently shown on the GIS. I made the attached markup for him (see attached on pages 2 & 3), to try to clarify, but he was asking when the fix for the GIS layer was going to happen. So I wanted to reach out to you to broach the subject again. Thanks, Paty Saternye Senior Planner Community Development • of �4 u 150 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.orR www.albemarle.ors From: Andrew Slack <aslack@albemarle.ore> Sent: Thursday, February 6, 2020 2:30 PM To: Patricia Saternye <psaternve@albemarle.ore> Cc: Francis MacCall <FMACCALL@albemarle.ore> Subject: RE: Belvedere NMD line appears to not be up to date. It's possible. When Francis and I worked on this though the section of Belvedere that you're looking at hadn't been updated yet so this seems like something that we need to adjust with the newer parcel boundaries and make it more accurate. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.ora From: Patricia Saternye <psaternve@albemarle.org> Sent: Thursday, February 6, 2020 2:12 PM To: Andrew Slack <aslack@albemarle.ors> Cc: Francis MacCall <FMACCALL@albemarle.ora> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, Thanks First, yes please make the update. Second, I had thought that the line been updated and corrected before But when I looked at it in the last two days it seems like the changes that were made had been wiped out again. Is there any chance that an older NMD line replaced the one you work with Francis on since you did so? Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 151 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.ora From: Andrew Slack <aslack@albemarle.ore> Sent: Thursday, February 6, 2020 2:07 PM To: Patricia Saternye <psaternye@albemarle.ore> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Hi Paty, Francis and I did work on this area a while ago and updated the NMD with the maps we had at the time. Thanks for sending along this newer plat. Francis, Would you like me to go ahead and make these changes to get this updated? Do we need to chat about it at all? Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.ora From: Patricia Saternye <psaternve@albemarle.org> Sent: Thursday, February 6, 2020 1:42 PM To: Andrew Slack <aslack@albemarle.ora> Cc: Francis MacCall <FMACCALL@albemarle.ora> Subject: Belvedere NMD line appears to not be up to date. Andy, I was hoping you could help with something in reference to the zoning lines on the County's GIS. In doing a review for Belvedere this week I notice something that appears to not yet be updated on GIS. A portion of the Belvedere NMD line in the GIS system appears to have never been correct. Attached is a page from a recorded plat (DB5193 PG 462). I've highlighted the portion of the Belvedere NMD zoning line in question. This is the NMD line for Belvedere that the applicant used on the site plan and subdivision plan based upon information from and meetings with Francis M. It is my understanding that Francis and you were working on this previously and that Francis thought it was going to be updated in the GIS. Do you know the time period forthis getting updated in GIS? Or was there some reason why it wasn't added to the GIS? Thanks, Paty Saternye Senior Planner 152 Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org 153 Cameron Langille From: Andrew Slack Sent: Tuesday, April 7, 2020 8:06 AM To: Patricia Saternye; Francis MacCall Cc: Cameron Langille Subject: RE: Belvedere NMD line appears to not be up to date. Attachments: SUB201800117 approved Plat Final Plat 2019-07-17 NMD line highlighted on Pages 2and3.pdf Hi Paty, Unfortunately I haven't had a good opportunity to review these changes with Francis yet to update the zoning layer appropriately. I've cc'ed Francis on here to let him check out the changes since he is a lot more knowledgeable than I am when it comes to Zoning determinations. Francis, When you have a chance could you check out the attached line that Paty has updated on the attached plat and we can discuss getting this updated. Let me know when you have a chance and we can catch up on this and try to get it updated. Cameron, I just didn't want you to feel left out. I hope you are doing well. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.or¢ From: Patricia Saternye <psaternye@albemarle.org> Sent: Monday, April 6, 2020 5:40 PM To: Andrew Slack <aslack@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, I was looking back on your last email in reference to the Belvedere NMD line issues. I had forgotten that you had suggested we wait until the lots are officially subdivided in order to be more accurate. With the exception ofTMP61-160R6 being subdivide (and "creating" one of the lines where the NMD boundary will be) the subdivisions have already taken place. Is it possible to update at least the other portions of the NMD line in GIS. Cameron is reviewing a Belvedere project and was confused with the NMD line as it is currently shown on the GIS. I made the attached markup for him (see attached on pages 2 & 3), to try to clarify, but he was asking when the fix for the GIS layer was going to happen. So I wanted to reach out to you to broach the subject again. 154 Thanks, Paty Saternye Senior Planner Community Development y of " U -a"R41�T, Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Andrew Slack <aslack@albemarle.org> Sent: Thursday, February 6, 2020 2:30 PM To: Patricia Saternye <psaternve@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. It's possible. When Francis and I worked on this though the section of Belvedere that you're looking at hadn't been updated yet so this seems like something that we need to adjust with the newer parcel boundaries and make it more accurate. Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.org From: Patricia Saternye <psaternve@albemarle.org> Sent: Thursday, February 6, 2020 2:12 PM To: Andrew Slack <aslack@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, Thanks Q First, yes please make the update. Second, I had thought that the line been updated and corrected before But when I looked at it in the last two days it seems like the changes that were made had been wiped out again. Is there any chance that an older NMD line replaced the one you work with Francis on since you did so? Thanks, Paty Saternye 155 Senior Planner Community Development 7p � 1 V Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Andrew Slack <aslack@albemarle.org> Sent: Thursday, February 6, 2020 2:07 PM To: Patricia Saternye <psaternve@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. Hi Paty, Francis and I did work on this area a while ago and updated the NMD with the maps we had at the time. Thanks for sending along this newer plat. Francis, Would you like me to go ahead and make these changes to get this updated? Do we need to chat about it at all? Andy Slack GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslackkalbemarle.org www.albemarle.org From: Patricia Saternye <psaternve@albemarle.org> Sent: Thursday, February 6, 2020 1:42 PM To: Andrew Slack <aslack@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: Belvedere NMD line appears to not be up to date. Andy, I was hoping you could help with something in reference to the zoning lines on the County's GIS. In doing a review for Belvedere this week I notice something that appears to not yet be updated on GIS. A portion of the Belvedere NMD line in the GIS system appears to have never been correct. Attached is a page from a recorded plat (DB5193 PG 462). I've highlighted the portion of the Belvedere NMD zoning line in question. This is the NMD line for Belvedere that the applicant used on the site plan and subdivision plan based upon information from and meetings with Francis M. 156 It is my understanding that Francis and you were working on this previously and that Francis thought it was going to be updated in the GIS. Do you know the time period for this getting updated in GIS? Or was there some reason why it wasn't added to the GIS? Thanks, Paty Saternye Senior Planner Community Development ri Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.ors 157 Cameron Langille From: Patricia Saternye Sent: Monday, April 6, 2020 5:40 PM To: Andrew Slack Cc: Cameron Langille Subject: RE: Belvedere NMD line appears to not be up to date. Attachments: SUB201800117 approved Plat Final Plat 2019-07-17 NMD line highlighted on Pages 2and3.pdf Andy, I was looking back on your last email in reference to the Belvedere NMD line issues. I had forgotten that you had suggested we wait until the lots are officially subdivided in order to be more accurate. With the exception of TMP61-160R6 being subdivide (and "creating" one of the lines where the NMD boundary will be) the subdivisions have already taken place. Is it possible to update at least the other portions of the NMD line in GIS. Cameron is reviewing a Belvedere project and was confused with the NMD line as it is currently shown on the GIS. I made the attached markup for him (see attached on pages 2 & 3), to try to clarify, but he was asking when the fix for the GIS layer was going to happen. So I wanted to reach out to you to broach the subject again. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Andrew Slack <aslack@albemarle.org> Sent: Thursday, February 6, 2020 2:30 PM To: Patricia Saternye <psaternye@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.org> Subject: RE: Belvedere NMD line appears to not be up to date. It's possible. When Francis and I worked on this though the section of Belvedere that you're looking at hadn't been updated yet so this seems like something that we need to adjust with the newer parcel boundaries and make it more accurate. Andy Slack GIS Analyst 158 Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslackkalbemarle.org www.albemarle.org From: Patricia Saternye <psaternve@albemarle.orx> Sent: Thursday, February 6, 2020 2:12 PM To: Andrew Slack <aslack@albemarle.ors> Cc: Francis MacCall <FMACCALL@albemarle.ore> Subject: RE: Belvedere NMD line appears to not be up to date. Andy, Thanks First, yes please make the update. Second, I had thought that the line been updated and corrected before But when I looked at it in the last two days it seems like the changes that were made had been wiped out again. Is there any chance that an older NMD line replaced the one you work with Francis on since you did so? Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Andrew Slack <aslack@albemarle.ore> Sent: Thursday, February 6, 2020 2:07 PM To: Patricia Saternye <psaternve@albemarle.org> Cc: Francis MacCall <FMACCALL@albemarle.ora> Subject: RE: Belvedere NMD line appears to not be up to date. Hi Paty, Francis and I did work on this area a while ago and updated the NMD with the maps we had at the time. Thanks for sending along this newer plat. Francis, Would you like me to go ahead and make these changes to get this updated? Do we need to chat about it at all? Andy Slack 159 GIS Analyst Albemarle County Community Development Department Geographic Data Services 434-296-5832 ext. 3384 aslack@albemarle.org www.albemarle.or¢ From: Patricia Saternye <psaternve@albemarle.org> Sent: Thursday, February 6, 2020 1:42 PM To: Andrew Slack <aslack@albemarle.ors> Cc: Francis MacCall <FMACCALL@albemarle.ora> Subject: Belvedere NMD line appears to not be up to date. Andy, I was hoping you could help with something in reference to the zoning lines on the County's GIS. In doing a review for Belvedere this week I notice something that appears to not yet be updated on GIS. A portion of the Belvedere NMD line in the GIS system appears to have never been correct. Attached is a page from a recorded plat (DB5193 PG 462). I've highlighted the portion of the Belvedere NMD zoning line in question. This is the NMD line for Belvedere that the applicant used on the site plan and subdivision plan based upon information from and meetings with Francis M. It is my understanding that Francis and you were working on this previously and that Francis thought it was going to be updated in the GIS. Do you know the time period for this getting updated in GIS? Or was there some reason why it wasn't added to the GIS? Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.ors 160 Cameron Langille From: Cameron Langille Sent: Monday, April 6, 2020 4:15 PM To: Patricia Saternye Subject: RE: Belvedere NMD line Yeah, someone should reach out to GIS about it. Let me know if you want me to do it. I think you could just forward him our email and a copy of the plat you highlighted and let him know that it appears the Zoning Classifications layer has been messed up somehow and that the boundaries between R$ and NMD should be revised per the highlighted plat. -Cameron From: Patricia Saternye <psaternye@albemarle.org> Sent: Monday, April 6, 2020 3:36 PM To: Cameron Langille <blangille@albemarle.org> Subject: RE: Belvedere NMD line Cameron, You are welcome �. Belvedere can be tricky. Do you want to reach out to Andy S. to ensure that fixing the NMD line again is in his queue? Or should I? Also, please note, that more work in addition to that needs to be done on the NMD line. Francis and I have chatted about that in the past, but I don't know if it is still on his radar. What Andy and Francis were working on (and had fixed on GIS) was just for the portions edging Blocks 4, 7, 9 & 10. There is likely additional edits needed along Block 8 and in the river bottom. Be well, Paty Saternye Senior Planner Community Development o , U� Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.ore www.albemarle.ora From: Cameron Langille <blaneille@albemarle.ora> Sent: Monday, April 6, 2020 3:29 PM To: Patricia Saternye <psaternye@albemarle.orR> Subject: RE: Belvedere NMD line Thank you so much again Paty! 161 From: Patricia Saternye <psaternye@albemarle.org> Sent: Friday, April 3, 2020 4:30 PM To: Cameron Langille <blangille@albemarle.org> Subject: Belvedere NMD line Cameron, Attached please see a hightlighted (on pages 2 & 3) version of the approved Phase IVA-1 Plat. Phase IVA-1 is R4, but it is right on the edge of the NM adjacent to Blocks 2, 7 & 9. 1 hope this helps Please let me know if this doesn't clear up your questions. Be well, Paty Saternye Senior Planner Community Development U ,`��R41M�*• Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 162 Cameron Langille From: Cameron Langille Sent: Monday, April 6, 2020 4:05 PM To: Bethany@roudabush.com; Don Franco Subject: SUB202000048 Belvedere Sidewalk Easements - First Review Comments Attachments: SUB202000048 First Review Comments.pdf; Bou n da ry_Li n e_Adj ustm ent_PI at_&_Check) ist. pdf Hi Bethany & Don, Attached you will find the first review comments for this plat. Please note comment #1 from the Planning Division, and subsequent comments from Engineering, transportation planning, and VDOT staff regarding locating new public easements on private lots. When new public easements containing road improvements (such as sidewalks) are proposed on private lots, the developer must enter into a three-way maintenance agreement with the County and VDOT. This requires a vote by the Board of Supervisors. This is not unique just to Belvedere, but all properties in the County with this type of easement proposed. Upon consultation with the Planning Director, County Engineer and County Attorney's office, a better solution would be to revise the parcel boundaries of each lot through a boundary line adjustment unless this would conflict with the Zoning Ordinance, Subdivision Ordinance, or Code of Development regulation. It does not appear that there would be any issues with doing the BLA instead. However, I need you to verify whether you have already looked into this option and identified an issue. If you can go the BLA route, you do not need to submit a new application and fee to me. You'd simply need to revise the plat so that it complies with all applicable Code requirements under Section 14-208.1 and the Belvedere Code of Development. I have attached a copy of a BLA application that includes a checklist of the applicable code sections for your reference. Additionally, the County would be able to refund you the fee difference. Easement plats are $581.00, but BLAB are only $215.00, so you'd be eligible for a $366.00 refund. If you go this route, contact Jennifer Pritchett at 0pritchett@albemarle.org and she can initiate the refund process. Please do not hesitate to ask me any follow-up questions if you have concerns with any of this. If you revise the plat and want to go the BLA route, just reply to this email confirming that's what you intend to do. You can then re -submit the revised plat to me electronically via email whenever you're ready. Talk to you soon, Cameron Cameron Langille I Senior Planner Community Development Department Planning Division blaneille@albemarle.ore (434) 296-5832 ext. 3432 163 Cameron Langille From: Patricia Saternye Sent: Monday, April 6, 2020 3:36 PM To: Cameron Langille Subject: RE: Belvedere NMD line Cameron, You are welcome ®. Belvedere can be tricky. Do you want to reach out to Andy S. to ensure that fixing the NMD line again is in his queue? Or should I? Also, please note, that more work in addition to that needs to be done on the NMD line. Francis and I have chatted about that in the past, but I don't know if it is still on his radar. What Andy and Francis were working on (and had fixed on GIS) was just for the portions edging Blocks 4, 7, 9 & 10. There is likely additional edits needed along Block 8 and in the river bottom. Be well, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Cameron Langille <blangille@albemarle.org> Sent: Monday, April 6, 2020 3:29 PM To: Patricia Saternye <psaternye@albemarle.org> Subject: RE: Belvedere NMD line Thank you so much again Paty! From: Patricia Saternye <psaternye@albemarle.org> Sent: Friday, April 3, 2020 4:30 PM To: Cameron Langille <blangille@albemarle.org> Subject: Belvedere NMD line Cameron, Attached please see a hightlighted (on pages 2 & 3) version of the approved Phase IVA-1 Plat. Phase IVA-1 is R4, but it is right on the edge of the NMD adjacent to Blocks 2, 7 & 9. 1 hope this helps Please let me know if this doesn't clear up your questions. 164 Be well, Paty Saternye Senior Planner Community Development =4 V .a�/Rcl�*I. Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.or¢ www.albemarle.org 165 Cameron Langille From: Cameron Langille Sent: Monday, April 6, 2020 3:29 PM To: Patricia Saternye Subject: RE: Belvedere NMD line Thank you so much again Paty! From: Patricia Saternye <psaternye@albemarle.org> Sent: Friday, April 3, 2020 4:30 PM To: Cameron Langille <blangille@albemarle.org> Subject: Belvedere NMD line Cameron, Attached please see a hightlighted (on pages 2 & 3) version of the approved Phase IVA-1 Plat. Phase IVA-1 is R4, but it is right on the edge of the NMD adjacent to Blocks 2, 7 & 9. 1 hope this helps Please let me know if this doesn't clear up your questions. Be well, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.ore www.albemarle.org 166 Cameron Langille From: David Benish Sent: Sunday, April 5, 2020 10:15 PM To: Cameron Langille Subject: RE: SUB202000048 Belvedere Sidewalk Easement Plat I am OK with these comments, including not supporting the public easements on private properties and recommending the BLA approach where feasible. From: Cameron Langille <blangille@albemarle.org> Sent: Friday, April 3, 2020 4:02 PM To: David Benish <DBENISH@albemarle.org> Subject: SUB202000048 Belvedere Sidewalk Easement Plat David, I've finished my review and I'm sending it over to you to review before I send to Don Franco. Let me know if you think I should make any revisions. I have asked VDOT to update their comment letter, because they didn't make any comments that an agreement is needed. Through email I verified with Max Greene that VDOT does want a maintenance agreement for any sidewalks located outside of the ROW. That was on Wednesday and they haven't sent me a new letter yet. P.S. the red text on page 2 of the plat was written by me so I can figure out where setbacks or other development regs. may be an issue if they agree to doing a BLA instead of easements. Have a great weekend. -Cameron Cameron Langille I Senior Planner Community Development Department Planning Division blangille@albemarle.org (434) 296-5832 ext. 3432 167 Cameron Langille From: Patricia Saternye Sent: Friday, April 3, 2020 4:30 PM To: Cameron Langille Subject: Belvedere NMD line Attachments: SUB201800117 approved Plat Final Plat 2019-07-17 NMD line highlighted on Pages 2and3.pdf Cameron, Attached please see a hightlighted (on pages 2 & 3) version of the approved Phase IVA-1 Plat. Phase IVA-1 is R4, but it is right on the edge of the NMD adjacent to Blocks 2, 7 & 9. I hope this helps Please let me know if this doesn't clear up your questions. Be well, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.or6 www.albemarle.org 168 Cameron Langille From: Cameron Langille Sent: Friday, April 3, 2020 4:02 PM To: David Benish Subject: SUB202000048 Belvedere Sidewalk Easement Plat Attachments: SUB202000048 Engineering First Review Comments.pdf, SUB202000048 Plat 03-09-2020.pdf, SUB202000048 VDOT First Review Comments.pdf, SUB202000048 First Review Comments.docx David, I've finished my review and I'm sending it over to you to review before I send to Don Franco. Let me know if you think I should make any revisions. I have asked VDOT to update their comment letter, because they didn't make any comments that an agreement is needed. Through email I verified with Max Greene that VDOT does want a maintenance agreement for any sidewalks located outside of the ROW. That was on Wednesday and they haven't sent me a new letter yet. P.S. the red text on page 2 of the plat was written by me so I can figure out where setbacks or other development regs. may be an issue if they agree to doing a BLA instead of easements. Have a great weekend. -Cameron Cameron Langille I Senior Planner Community Development Department Planning Division blaneille@albemarle.ore (434) 296-5832 ext. 3432 169 Cameron Langille From: Don Franco <DFranco@roudabush.com> Sent: Friday, April 3, 2020 3:57 PM To: Cameron Langille Subject: Re: Belvedere sidewalk plats CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thanks Sent from my Wad On Apr 3, 2020, at 3:35 PM, Cameron Langille <blangille@albemarle.org> wrote: Don, I expect to have my comment letter out to you on Monday. -Cameron From: Don Franco <DFranco@roudabush.com> Sent: Friday, April 3, 2020 8:53 AM To: Megan Nedostup <mnedostup@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda@albemarle.org> Cc: Amelia McCulley <AMCCULLE@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: Belvedere sidewalk plats CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. thanks Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Megan Nedostup <mnedostup @albemarle.org> Sent: Friday, April 3, 2020 8:20 AM To: Don Franco <DFranco(c@roudabush.com>; Bill Fritz <BFRITZ@albemarle.ore>; Bart Svoboda <bsvoboda@albema rle.ore> 170 Cc: Amelia McCulley <AMCCULLE@albemarle.org>; Cameron Langille <blangilleCa@albemarle.org> Subject: RE: Belvedere sidewalk plats Good Morning Don, Cameron is reviewing this plat and I have asked him to send you an update. Thank you, Megan Nedostup, AICP (pronounced nuh-DAHST-up) she/her/hers (What is this?) Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Don Franco <DFranco@roudabush.com> Sent: Friday, April 3, 2020 6:53 AM To: Megan Nedostup <mnedostup@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda@albema rle.org> Cc: Amelia McCulley <AMCCULLE@albemarle.org> Subject: RE: Belvedere sidewalk plats CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hey all, Not sure how the virtual world is working out. On our end, it seems like the builder's purchasers are at home and anxious to hear something. Any update on the easement plat? Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Don Franco Sent: Tuesday, March 31, 2020 1:51 PM To: 'Megan Nedostup' <mnedostup@albemarle.org> Cc: 'Bill Fritz' <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda@albemarle.org> Subject: FW: Belvedere sidewalk plats This plat was submitted at the start of this chaos. Not sure of its status. The BLA was submitted because the alley entrance fillets with the public road were designed wider than normal (i.e., consistent with intersection design versus commercial entrance design). This is how it was approved on the approved road and site plan????, but the intersection was later shown on a plan revision and carried through to the approved plat with the tighter commercial entrance type radii. 171 The end result is a portion of the road intersection was built on the platted lots. This issue occurs in several locations and it turns out the wider arc is needed for the spur connecting the CG-12 to the sidewalk to meet ADA. Our final solution was to relocate the curb and asphalt into the ROW and to provide an access easement to protect the sidewalk in its existing location. On our end, we've tracked any systemic issue to the coordination between our surveyors and the design professional. RGA staked out and the contractor built what was on the approved plans. The as-builts we provided the designer do show the issue. Not sure why it came up so last minute, but here we are. In my opinion, the public access is protected. The roads still need to go through the acceptance process. If some one determines that ADA is not applicable, we can always move the sidewalk into the ROW as well. Otherwise we have a pedestrian sidewalk easement along the frontage, like we do in a lot of other places in the County. Please call if you have any questions. Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Steve Krohn <skrohn@resortscompanies.com> Sent: Tuesday, March 31, 2020 1:16 PM To: Don Franco <DFranco@roudabush.com>; Bethany Velasquez <Bethanv@roudabush.com> Cc: Garrett Smith <gsmith@resortscompanies.com> Subject: Belvedere sidewalk plats Nagging on behalf of Sam Craig, who emailed me again.... Sam is scheduled to close lot 236 early next week. Do we have any prayer of having the County/VDOT's ok to be able to record the necessary sidewalk easements and plat by then? Have we provided the staff the updated document to adjust the necessary easement on lot 236 and the other minor corrections (add SDH as a signor, add lot 244 to the title, etc.). Steven C. Krohn Chief Operating Officer and Executive Vice President The Resorts Companies, Inc. 610 W. Rio Road Charlottesville, VA 22901 172 Office: (434) 220 - 7701 Mobile: (434) 242 - 6122 SKrohn@ResortsCompanies.com <image001.jpg> <image002.jpg> CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 173 Cameron Langille From: Cameron Langille Sent: Friday, April 3, 2020 3:34 PM To: Don Franco Subject: RE: Belvedere sidewalk plats Don, I expect to have my comment letter out to you on Monday. -Cameron From: Don Franco <DFranco@roudabush.com> Sent: Friday, April 3, 2020 8:53 AM To: Megan Nedostup <mnedostup@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda @a I bemarle.org> Cc: Amelia McCulley <AMCCULLE@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: Belvedere sidewalk plats CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. thanks Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Megan Nedostup <mnedostuo@albemarle.org> Sent: Friday, April 3, 2020 8:20 AM To: Don Franco <DFranco@roudabush.com>; Bill Fritz <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda @a I bemarle.org> Cc: Amelia McCulley <AMCCULLE@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: Belvedere sidewalk plats Good Morning Don, Cameron is reviewing this plat and I have asked him to send you an update. Thank you, Megan Nedostup, AICP (pronounced nuh-DAHST-up) sheihedhers (what is this?) Principal Planner 174 Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Don Franco <DFranco@roudabush.com> Sent: Friday, April 3, 2020 6:53 AM To: Megan Nedostup <mnedostup@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda @a I bemarle.org> Cc: Amelia McCulley <AMCCULLE@albemarle.org> Subject: RE: Belvedere sidewalk plats CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hey all, Not sure how the virtual world is working out. On our end, it seems like the builder's purchasers are at home and anxious to hear something. Any update on the easement plat? Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Don Franco Sent: Tuesday, March 31, 2020 1:51 PM To:'Megan Nedostup' <mnedostup@albemarle.org> Cc:'Bill Fritz' <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda@albemarle.org> Subject: FW: Belvedere sidewalk plats This plat was submitted at the start of this chaos. Not sure of its status. The BLA was submitted because the alley entrance fillets with the public road were designed wider than normal (i.e., consistent with intersection design versus commercial entrance design). This is how it was approved on the approved road and site plan????, but the intersection was later shown on a plan revision and carried through to the approved plat with the tighter commercial entrance type radii. The end result is a portion of the road intersection was built on the platted lots. This issue occurs in several locations and it turns out the wider arc is needed for the spur connecting the CG-12 to the sidewalk to meet ADA. Our final solution was to relocate the curb and asphalt into the ROW and to provide an access easement to protect the sidewalk in its existing location. On our end, we've tracked any systemic issue to the coordination between our surveyors and the design professional. RGA staked out and the contractor built what was on the approved plans. The as-builts we provided the designer do show the issue. Not sure why it came up so last minute, but here we are. 175 In my opinion, the public access is protected. The roads still need to go through the acceptance process. If some one determines that ADA is not applicable, we can always move the sidewalk into the ROW as well. Otherwise we have a pedestrian sidewalk easement along the frontage, like we do in a lot of other places in the County. Please call if you have any questions. Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Steve Krohn <skrohn@resortscompanies.com> Sent: Tuesday, March 31, 2020 1:16 PM To: Don Franco <DFranco@roudabush.com>; Bethany Velasquez <Bethanv@roudabush.com> Cc: Garrett Smith <gsmith@resortscompanies.com> Subject: Belvedere sidewalk plats Nagging on behalf of Sam Craig, who emailed me again.... Sam is scheduled to close lot 236 early next week. Do we have any prayer of having the County/VDOT's ok to be able to record the necessary sidewalk easements and plat by then? Have we provided the staff the updated document to adjust the necessary easement on lot 236 and the other minor corrections (add SDH as a signor, add lot 244 to the title, etc.). Steven C. Krohn Chief Operating Officer and Executive Vice President The Resorts Companies, Inc. 610 W. Rio Road Charlottesville, VA 22901 Office: (434) 220 - 7701 Mobile: (434) 242 - 6122 SKrohn@ResortsCompanies.com �0 4 � .Wilderness ESIOe r RESORTS CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, 176 please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 177 Cameron Langille From: Don Franco <DFranco@roudabush.com> Sent: Friday, April 3, 2020 8:53 AM To: Megan Nedostup; Bill Fritz; Bart Svoboda Cc: Amelia McCulley, Cameron Langille Subject: RE: Belvedere sidewalk plats CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. thanks Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Megan Nedostup <mnedostup@albemarle.org> Sent: Friday, April 3, 2020 8:20 AM To: Don Franco <DFranco@roudabush.com>; Bill Fritz <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda @a I bemarle.org> Cc: Amelia McCulley <AMCCULLE@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: Belvedere sidewalk plats Good Morning Don, Cameron is reviewing this plat and I have asked him to send you an update. Thank you, Megan Nedostup, AICP (pronounced nuh-DAHST-up) she/her/hers (What is this?) Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Don Franco <DFranco@roudabush.com> Sent: Friday, April 3, 2020 6:53 AM To: Megan Nedostup <mnedostup@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda @a I bem a rle.org> Cc: Amelia McCulley <AMCCULLE@albemarle.org> Subject: RE: Belvedere sidewalk plats 178 This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hey all, Not sure how the virtual world is working out. On our end, it seems like the builder's purchasers are at home and anxious to hear something. Any update on the easement plat? Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Don Franco Sent: Tuesday, March 31, 2020 1:51 PM To:'Megan Nedostup' <mnedostup@albemarle.org> Cc:'Bill Fritz' <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda@albemarle.org> Subject: FW: Belvedere sidewalk plats This plat was submitted at the start of this chaos. Not sure of its status. The BLA was submitted because the alley entrance fillets with the public road were designed wider than normal (i.e., consistent with intersection design versus commercial entrance design). This is how it was approved on the approved road and site plan????, but the intersection was later shown on a plan revision and carried through to the approved plat with the tighter commercial entrance type radii. The end result is a portion of the road intersection was built on the platted lots. This issue occurs in several locations and it turns out the wider arc is needed for the spur connecting the CG-12 to the sidewalk to meet ADA. Our final solution was to relocate the curb and asphalt into the ROW and to provide an access easement to protect the sidewalk in its existing location. On our end, we've tracked any systemic issue to the coordination between our surveyors and the design professional. RGA staked out and the contractor built what was on the approved plans. The as-builts we provided the designer do show the issue. Not sure why it came up so last minute, but here we are. In my opinion, the public access is protected. The roads still need to go through the acceptance process. If some one determines that ADA is not applicable, we can always move the sidewalk into the ROW as well. Otherwise we have a pedestrian sidewalk easement along the frontage, like we do in a lot of other places in the County. Please call if you have any questions. Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 179 434-977-0205(w) 434-249-9641 (m) From: Steve Krohn <skrohn@resortscompanies.com> Sent: Tuesday, March 31, 2020 1:16 PM To: Don Franco <DFranco@roudabush.com>; Bethany Velasquez <Bethany@roudabush.com> Cc: Garrett Smith <gsmith@resortscompanies.com> Subject: Belvedere sidewalk plats Nagging on behalf of Sam Craig, who emailed me again.... Sam is scheduled to close lot 236 early next week. Do we have any prayer of having the County/VDOT's ok to be able to record the necessary sidewalk easements and plat by then? Have we provided the staff the updated document to adjust the necessary easement on lot 236 and the other minor corrections (add SDH as a signor, add lot 244 to the title, etc.). Steven C. Krohn Chief Operating Officer and Executive Vice President The Resorts Companies, Inc. 610 W. Rio Road Charlottesville, VA 22901 Office: (434) 220 - 7701 Mobile: (434) 242 - 6122 SKrohn@ResortsCompanies.com h ASS` UT'[ENI Nilderness ESIDENTIAL RESORTS CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 180 Cameron Langille From: Megan Nedostup Sent: Friday, April 3, 2020 8:20 AM To: Don Franco; Bill Fritz; Bart Svoboda Cc: Amelia McCulley; Cameron Langille Subject: RE: Belvedere sidewalk plats Good Morning Don, Cameron is reviewing this plat and I have asked him to send you an update. Thank you, Megan Nedostup, AICP (pronounced nuh-DAHST-up) she/her/hers (Mat is this?) Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Don Franco <DFranco@roudabush.com> Sent: Friday, April 3, 2020 6:53 AM To: Megan Nedostup <mnedostup@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda@albemarle.org> Cc: Amelia McCulley <AMCCULLE@albemarle.org> Subject: RE: Belvedere sidewalk plats CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hey all, Not sure how the virtual world is working out. On our end, it seems like the builder's purchasers are at home and anxious to hear something. Any update on the easement plat? Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Don Franco Sent: Tuesday, March 31, 2020 1:51 PM To: 'Megan Nedostup' <mnedostup(c@albemarle.org> Cc: 'Bill Fritz' <BFRITZ(@albemarle.org>; Bart Svoboda <bsvobodaC@albemarle.ore> Subject: FW: Belvedere sidewalk plats 181 This plat was submitted at the start of this chaos. Not sure of its status. The BLA was submitted because the alley entrance fillets with the public road were designed wider than normal (i.e., consistent with intersection design versus commercial entrance design). This is how it was approved on the approved road and site plan????, but the intersection was later shown on a plan revision and carried through to the approved plat with the tighter commercial entrance type radii. The end result is a portion of the road intersection was built on the platted lots. This issue occurs in several locations and it turns out the wider arc is needed for the spur connecting the CG-12 to the sidewalk to meet ADA. Our final solution was to relocate the curb and asphalt into the ROW and to provide an access easement to protect the sidewalk in its existing location. On our end, we've tracked any systemic issue to the coordination between our surveyors and the design professional. RGA staked out and the contractor built what was on the approved plans. The as-builts we provided the designer do show the issue. Not sure why it came up so last minute, but here we are. In my opinion, the public access is protected. The roads still need to go through the acceptance process. If some one determines that ADA is not applicable, we can always move the sidewalk into the ROW as well. Otherwise we have a pedestrian sidewalk easement along the frontage, like we do in a lot of other places in the County. Please call if you have any questions. Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Steve Krohn <skrohn@resortscompanies.com> Sent: Tuesday, March 31, 2020 1:16 PM To: Don Franco <DFranco@roudabush.com>; Bethany Velasquez <Bethanv@roudabush.com> Cc: Garrett Smith <gsmith@resortscompanies.com> Subject: Belvedere sidewalk plats Nagging on behalf of Sam Craig, who emailed me again.... Sam is scheduled to close lot 236 early next week. Do we have any prayer of having the County/VDOT's ok to be able to record the necessary sidewalk easements and plat by then? Have we provided the staff the updated document to adjust the necessary easement on lot 236 and the other minor corrections (add SDH as a signor, add lot 244 to the title, etc.). Steven C. Krohn Chief Operating Officer and Executive Vice President 182 The Resorts Companies, Inc. 610 W. Rio Road Charlottesville, VA 22901 Office: (434) 220 - 7701 Mobile: (434) 242 - 6122 SKrohn@ResortsCompanies.com �0 AW .Vilderness ESIDd e r RESORTS CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 183 Cameron Langille From: Megan Nedostup Sent: Friday, April 3, 2020 8:07 AM To: Cameron Langille Subject: FW: Belvedere sidewalk plats Hey Cameron, Can you give them an update? Thanks, Megan Nedostup, AICP (pronounced nuh-DAHST-up) she/her/hers (Mat is this?) Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Don Franco <DFranco@roudabush.com> Sent: Friday, April 3, 2020 6:53 AM To: Megan Nedostup <mnedostup@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda @a I bemarle.org> Cc: Amelia McCulley <AMCCULLE@albemarle.org> Subject: RE: Belvedere sidewalk plats CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hey all, Not sure how the virtual world is working out. On our end, it seems like the builder's purchasers are at home and anxious to hear something. Any update on the easement plat? Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Don Franco Sent: Tuesday, March 31, 2020 1:51 PM To:'Megan Nedostup' <mnedostup(@albemarle.org> Cc:'Bill Fritz' <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda@albemarle.org> Subject: FW: Belvedere sidewalk plats 184 This plat was submitted at the start of this chaos. Not sure of its status. The BLA was submitted because the alley entrance fillets with the public road were designed wider than normal (i.e., consistent with intersection design versus commercial entrance design). This is how it was approved on the approved road and site plan????, but the intersection was later shown on a plan revision and carried through to the approved plat with the tighter commercial entrance type radii. The end result is a portion of the road intersection was built on the platted lots. This issue occurs in several locations and it turns out the wider arc is needed for the spur connecting the CG-12 to the sidewalk to meet ADA. Our final solution was to relocate the curb and asphalt into the ROW and to provide an access easement to protect the sidewalk in its existing location. On our end, we've tracked any systemic issue to the coordination between our surveyors and the design professional. RGA staked out and the contractor built what was on the approved plans. The as-builts we provided the designer do show the issue. Not sure why it came up so last minute, but here we are. In my opinion, the public access is protected. The roads still need to go through the acceptance process. If some one determines that ADA is not applicable, we can always move the sidewalk into the ROW as well. Otherwise we have a pedestrian sidewalk easement along the frontage, like we do in a lot of other places in the County. Please call if you have any questions. Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Steve Krohn <skrohn@resortscompanies.com> Sent: Tuesday, March 31, 2020 1:16 PM To: Don Franco <DFranco@roudabush.com>; Bethany Velasquez <Bethany@roudabush.com> Cc: Garrett Smith <gsmith@resortscompanies.com> Subject: Belvedere sidewalk plats Nagging on behalf of Sam Craig, who emailed me again.... Sam is scheduled to close lot 236 early next week. Do we have any prayer of having the County/VDOT's ok to be able to record the necessary sidewalk easements and plat by then? Have we provided the staff the updated document to adjust the necessary easement on lot 236 and the other minor corrections (add SDH as a signor, add lot 244 to the title, etc.). Steven C. Krohn Chief Operating Officer and Executive Vice President The Resorts Companies, Inc. 185 610 W. Rio Road Charlottesville, VA 22901 Office: (434) 220 - 7701 Mobile: (434) 242 - 6122 SKrohn@ResortsCompanies.com l AWilderness ESIDENTIAL RESORTS CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 186 Cameron Langille From: Cameron Langille Sent: Wednesday, April 1, 2020 5:40 PM To: Greene, Max Subject: RE: SUB-2020-00048- Belvedere Easement Plat Yes, that is the case here. They are proposing public easements on private lots that will contain sidewalks which are normally supposed to be in the public ROW. Would you mind revising the VDOT comment letter so that it states that a maintenance agreement will be required? From: Greene, Max <max.greene@vdot.virginia.gov> Sent: Wednesday, April 1, 20204:22 PM To: Cameron Langille <blangille@albemarle.org> Subject: Re: SUB-2020-00048- Belvedere Easement Plat CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. If sidewalks are not inside the right of way then a maintenance agreement is required. VDOT must have assurances from the county that the sidewalk will be maintained. On Wed, Apr 1, 2020 at 3:43 PM Cameron Langille <blangille@albemarle.org> wrote: Thanks Max. Can you verify that these sidewalks will need a maintenance agreement with VDOT since they're outside of the public right-of-way? From: Greene, Max <max.greene@vdot.virginia.gov> Sent: Tuesday, March 31, 2020 4:25 PM To: Cameron Langille <blangille@albemarle.org> Subject: Fwd: SUB-2020-00048- Belvedere Easement Plat CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. 187 Please find the attached review comment letter. Max Greene Architect/Engineer I Land Use Southern Culpeper District Charlottesville Res. Admin. Office: 434-422-9894 Cell: 434-906-6415 max.areene@vdot.vireinia.eov Max Greene Architect/Engineer I Land Use Southern Culpeper District Charlottesvilte Res. Admin. Office: 434-422-9894 Cell: 434-906-6415 max.ereeneCwdot.vireinia.eoy 188 Cameron Langille From: Greene, Max <max.greene@vdot.virginia.gov> Sent: Wednesday, April 1, 20204:22 PM To: Cameron Langille Subject: Re: SUB-2020-00048- Belvedere Easement Plat CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. If sidewalks are not inside the right of way then a maintenance agreement is required. VDOT must have assurances from the county that the sidewalk will be maintained. On Wed, Apr 1, 2020 at 3:43 PM Cameron Langille <blangilleCa@albemarle.org> wrote: Thanks Max. Can you verify that these sidewalks will need a maintenance agreement with VDOT since they're outside of the public right-of-way? From: Greene, Max <max.greene@vdot.virginia.gov> Sent: Tuesday, March 31, 2020 4:25 PM To: Cameron Langille <blangille@albemarle.org> Subject: Fwd: SUB-2020-00048- Belvedere Easement Plat CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please find the attached review comment letter. Max Greene Architect/Engineer I 189 Land Use Southern Culpeper District Charlottesville Res. Admin. Office: 434-422-9894 Cell: 434-906-6415 max.ereene@vdot.vireinia.eov Max Greene Architect/Engineer) Land Use Southern Culpeper District Charlottesvile Res. Admin. Office: 434-422-9894 Cell: 434-906-6415 max, ereene@vdot.vi reinia.eov 190 Cameron Langille From: Cameron Langille Sent: Wednesday, April 1, 2020 3:43 PM To: Greene, Max Subject: RE: SUB-2020-00048- Belvedere Easement Plat Thanks Max. Can you verify that these sidewalks will need a maintenance agreement with VDOT since they're outside of the public right-of-way? From: Greene, Max <max.greene@vdot.virginia.gov> Sent: Tuesday, March 31, 2020 4:25 PM To: Cameron Langille <blangille@albemarle.org> Subject: Fwd: SUB-2020-00048- Belvedere Easement Plat CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please find the attached review comment letter. Max Greene Architect/ Engineer I Land Use Southern Culpeper District Charlottesville Res. Admin. Office: 434-422-9894 Cell: 434-906-6415 max.greene@ydot.yirginia.goy 191 Cameron Langille From: David lames Sent: Wednesday, April 1, 2020 3:19 PM To: Cameron Langille Subject: Planning Application Review for SUB202000048 Belvedere Sidewalk Easement. The Review for the following application has been completed: Application Number = SUB202000048 Reviewer = David James Review Status = Requested Changes Completed Date = 04/01/2020 Hi Cameron, Here are my comments: 1. Developer may need a sidewalk agreement with the County prior to SUB202000048 approval. 2. County needs agreement with VDOT to maintain sidewalks prior to approval. 3. Show North arrow for each view. {14-301 D} 4. Show the location of existing buildings. {14-312) Thanks, David James 192 Cameron Langille From: Greene, Max <max.greene@vdot.virginia.gov> Sent: Tuesday, March 31, 2020 4:25 PM To: Cameron Langille Subject: Fwd: SUB-2020-00048- Belvedere Easement Plat Attachments: SUB-2020-00048 - Belvedere Easement Plat - Dated 03-09-2020.pdf CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please find the attached review comment letter. Max Greene Architect/ Engineer I Land Use Southern Culpeper District Charlottesville Res. Admin. Office: 434-422-9894 Cell: 434-906-6415 max.ereene@vdot.vireinia.eov 193 Cameron Langille From: Cameron Langille Sent: Tuesday, March 31, 2020 3A7 PM To: Megan Nedostup Cc: Bart Svoboda; David Benish Subject: RE: Belvedere sidewalk plats Hi Megan, Yes, this application has been submitted and it is SUB202000048. It has been transmitted to Frank, Kevin McDermott, and Adam from VDOT for review. I am aware of the issues with putting the sidewalks in public easements on private lots and the maintenance agreement Board approval required to do so. Frank has already spoke with Andy Herrick and we have agreed that we are going to comment to the applicant asking them why they are proposing this. If they can do BLA's to adjust the lot lines so that the sidewalks will remain in the public ROW, then we advise them to do that. I think they will be able to do that and still meet all the lot regulations from the COD. I've done like 30% of my review so far but I haven't verified whether the BLA options is totally feasible. The way we planned to frame the comment was: if you can't do the BLA option, provide documentation to us that you won't be able to meet setback requirements, lot size regs, or lot length regs. If they can meet all of those, then staff isn't going to support the easement option they're currently proposing. Let me know your thoughts or if you have any concerns. Thanks, Cameron From: Megan Nedostup <mnedostup@albemarle.org> Sent: Tuesday, March 31, 2020 1:56 PM To: Cameron Langille <blangille@albemarle.org> Cc: Bart Svoboda <bsvoboda@albemarle.org>; David Benish <DBENISH@albemarle.org> Subject: FW: Belvedere sidewalk plats Hey Cameron, Do you know if we have this plat in/under review? Sorry, I don't have a number, just this long email Q Thanks, Megan Nedostup, AICP (pronounced nuh-DAHST-up) Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Don Franco <DFranco@roudabush.com> Sent: Tuesday, March 31, 2020 1:51 PM To: Megan Nedostup <mnedostup(a@albemarle.org> Cc: Bill Fritz <BFRITZ@albemarle.org ; Bart Svoboda <bsvoboda@albemarle.org> Subject: FW: Belvedere sidewalk plats 194 CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. This plat was submitted at the start of this chaos. Not sure of its status. The BLA was submitted because the alley entrance fillets with the public road were designed wider than normal (i.e., consistent with intersection design versus commercial entrance design). This is how it was approved on the approved road and site plan????, but the intersection was later shown on a plan revision and carried through to the approved plat with the tighter commercial entrance type radii. The end result is a portion of the road intersection was built on the platted lots. This issue occurs in several locations and it turns out the wider arc is needed for the spur connecting the CG-12 to the sidewalk to meet ADA. Our final solution was to relocate the curb and asphalt into the ROW and to provide an access easement to protect the sidewalk in its existing location. On our end, we've tracked any systemic issue to the coordination between our surveyors and the design professional. RGA staked out and the contractor built what was on the approved plans. The as-builts we provided the designer do show the issue. Not sure why it came up so last minute, but here we are. In my opinion, the public access is protected. The roads still need to go through the acceptance process. If some one determines that ADA is not applicable, we can always move the sidewalk into the ROW as well. Otherwise we have a pedestrian sidewalk easement along the frontage, like we do in a lot of other places in the County. Please call if you have any questions. Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Steve Krohn <skrohn@resortscompanies.com> Sent: Tuesday, March 31, 2020 1:16 PM To: Don Franco <DFranco@roudabush.com>; Bethany Velasquez <Bethanv@roudabush.com> Cc: Garrett Smith <gsmith@resortscompanies.com> Subject: Belvedere sidewalk plats Nagging on behalf of Sam Craig, who emailed me again.... Sam is scheduled to close lot 236 early next week. Do we have any prayer of having the County/VDOT's ok to be able to record the necessary sidewalk easements and plat by then? Have we provided the staff the updated document to adjust the necessary easement on lot 236 and the other minor corrections (add SDH as a signor, add lot 244 to the title, etc.). Steven C. Krohn 195 Chief Operating Officer and Executive Vice President The Resorts Companies, Inc. 610 W. Rio Road Charlottesville, VA 22901 Office: (434) 220 - 7701 Mobile: (434) 242 - 6122 SKrohn@ResortsCompanies.com .Vilderness ESIDENT14L RESORTS CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 196 Cameron Langille From: Megan Nedostup Sent: Tuesday, March 31, 2020 1:56 PM To: Cameron Langille Cc: Bart Svoboda; David Benish Subject: FW: Belvedere sidewalk plats Hey Cameron, Do you know if we have this plat in/under review? Sorry, I don't have a number, just this long email Q Thanks, Megan Nedostup, AICP (pronounced nuh-DAHST-up) Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Don Franco <DFranco@roudabush.com> Sent: Tuesday, March 31, 2020 1:51 PM To: Megan Nedostup <mnedostup@albemarle.org> Cc: Bill Fritz <BFRITZ@albemarle.org>; Bart Svoboda <bsvoboda@albemarle.org> Subject: FW: Belvedere sidewalk plats CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. This plat was submitted at the start of this chaos. Not sure of its status. The BLA was submitted because the alley entrance fillets with the public road were designed wider than normal (i.e., consistent with intersection design versus commercial entrance design). This is how it was approved on the approved road and site plan????, but the intersection was later shown on a plan revision and carried through to the approved plat with the tighter commercial entrance type radii. The end result is a portion of the road intersection was built on the platted lots. This issue occurs in several locations and it turns out the wider arc is needed for the spur connecting the CG-12 to the sidewalk to meet ADA. Our final solution was to relocate the curb and asphalt into the ROW and to provide an access easement to protect the sidewalk in its existing location. On our end, we've tracked any systemic issue to the coordination between our surveyors and the design professional. RGA staked out and the contractor built what was on the approved plans. The as-builts we provided the designer do show the issue. Not sure why it came up so last minute, but here we are. In my opinion, the public access is protected. The roads still need to go through the acceptance process. If some one determines that ADA is not applicable, we can always move the sidewalk into the ROW as well. Otherwise we have a pedestrian sidewalk easement along the frontage, like we do in a lot of other places in the County. 197 Please call if you have any questions. Thanks, Don Franco, PE Roudabush, Gale & Assoc., Inc. 914 Monticello Road Charlottesville, VA 22902 434-977-0205(w) 434-249-9641 (m) From: Steve Krohn <skrohn@resortscompanies.com> Sent: Tuesday, March 31, 2020 1:16 PM To: Don Franco <DFranco@roudabush.com>; Bethany Velasquez <Bethanv@roudabush.com> Cc: Garrett Smith <gsmith@resortscompanies.com> Subject: Belvedere sidewalk plats Nagging on behalf of Sam Craig, who emailed me again.... Sam is scheduled to close lot 236 early next week. Do we have any prayer of having the County/VDOT's ok to be able to record the necessary sidewalk easements and plat by then? Have we provided the staff the updated document to adjust the necessary easement on lot 236 and the other minor corrections (add SDH as a signor, add lot 244 to the title, etc.). Steven C. Krohn Chief Operating Officer and Executive Vice President The Resorts Companies, Inc. 610 W. Rio Road Charlottesville, VA 22901 Office: (434) 220 - 7701 Mobile: (434) 242 - 6122 SKrohn@ResortsCompanies.com 4W `.'Vilderness RESIDENTIAL RESORTS CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 198 Cameron Langille From: Andy Herrick Sent: Tuesday, March 24, 2020 2:38 PM To: Garrett Smith Subject: RE: Sidewalk Easement GalTett, Great. Thanks. Andy Herrick Deputy County Attorney Cotulty of Albemarle (434) 972-4067 Notice: This email may contain attomeyec lent privileged information, privileged work product, or other confidential information. It is intended only For the designated recipient If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me thm you have received this by mistake. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Tuesday, March 24, 2020 2:30 PM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: Sidewalk Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thanks. I understand our engineers are in contact with planning. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com From: Andy Herrick <aherrick@albemarle.org> Sent: Tuesday, March 24, 2020 1:13 PM To: Garrett Smith <gsmith@resortscompanies.com> Subject: RE: Sidewalk Easement GafTett, 199 Thanks for your message. Locating required sidewalks outside the public right-of-way is not a common (or preferred) approach. In any event, I forwarded your message to Cameron Langille, who's the lead planner on this. I'd suggest that your clients contact Cameron directly (if they haven't already) to discuss the proposed sidewalks and possible alternatives. Thanks. Andy Herrick Deputy County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Monday, March 23, 2020 5:14 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Sidewalk Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: New Belvedere, Inc. has been required to reconfigure some sidewalks to conform them to VDOT maximum approach angle standards for sidewalk ramps that came into effect after VDOT approved and before we built the sidewalks. This lead the sidewalk improvements encroaching slightly into the 8 of our corner lots. We are required to dedicate small variable width public access easements to the County where these sidewalk encroachments exist. Does your office have language you require for the deeds to such easements? The easement plat is attached. Thank you for any guidance you can provide. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith(@SPringCreekLivinR.com r BEL DERE CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is forthe sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, 200 please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 201 Cameron Langille From: Cameron Langille Sent: Tuesday, March 24, 2020 1:46 PM To: Cameron Langille Subject: Belvedere Must meet SSAR of VDOT. Cameron Langille I Senior Planner Community Development Department Planning Division blaneille@albemarle.ore (434) 296-5832 ext. 3432 202 Cameron Langille From: Andy Herrick Sent: Tuesday, March 24, 2020 1:13 PM To: Garrett Smith Subject: RE: Sidewalk Easement Garrett, Thanks for your message. Locating required sidewalks outside the public right-of-way is not a common (or preferred) approach. In any event, I forwarded your message to Cameron Langille, who's the lead planner on this. I'd suggest that your clients contact Cameron directly (if they haven't already) to discuss the proposed sidewalks and possible alternatives. Thanks. Andy Herrick Deputy County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attorney client privileged information, privileged work product, or other confidential infomnation. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Monday, March 23, 2020 5:14 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Sidewalk Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: New Belvedere, Inc. has been required to reconfigure some sidewalks to conform them to VDOT maximum approach angle standards for sidewalk ramps that came into effect after VDOT approved and before we built the sidewalks. This lead the sidewalk improvements encroaching slightly into the 8 of our corner lots. We are required to dedicate small variable width public access easements to the County where these sidewalk encroachments exist. Does your office have language you require for the deeds to such easements? The easement plat is attached. Thank you for any guidance you can provide. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SpringCreekLiving.com 71J 203 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 204 Cameron Langille From: Patricia Saternye Sent: Tuesday, March 24, 2020 9.44 AM To: Cameron Langille Cc: Rebecca Ragsdale Subject: Re: First Belvedere Question! Cameron, Just to follow up on the email below. Although we still need to get you signed versions of variations #58, 59 & 601 do not think they will impact your review of the sidewalk easement since to my knowledge they did not impact the setbacks chart (your original question). Thanks, Paty Saternye Senior Planner Albemarle County From: Patricia Saternye <psaternye@albemarle.org> Sent: Tuesday, March 24, 2020 9:28 AM To: Rebecca Ragsdale <ragsdale@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: Re: First Belvedere Question! Cameron, #56 & 57 were withdrawn. Rebecca Do you have quick and easy access to the signed versions, with action letters, of any approved variations 58- 60? If not let me if I should spend some time digging in Granicus etc. I think I have most of #59 (unit changes in Block 10), including the signed resolution, but I don't have the action letter cover sheet for it. I'm not sure if I ever received the signed or action letter versions of #58 and #60. #58 is the Carriage House changes, and I think #60 are the Block 4 recreational amenities changes. Thanks, Paty Saternye Senior Planner Albemarle County 205 From: Cameron Langille <blangille@albemarle.org> Sent: Monday, March 23, 2020 5:43 PM To: Patricia Saternye <paaternye@albemarle.org> Cc: Rebecca Ragsdale <rragsdale@albemarle.org> Subject: RE: First Belvedere Question! Hi Paty, Thanks for clearing that up with the setback/frontage question. This isn't for Block 10, this is Block 7 where they're just trying to do some easements on a few lots. Attached are the approved special exceptions I have. Looks like I need variations 56-60. -Cameron From: Patricia Saternye <psaternye@albemarle.org> Sent: Monday, March 23, 2020 5:37 PM To: Cameron Langille <blangille@albemarle.org> Cc: Rebecca Ragsdale <rragsdale@albemarle.org> Subject: Re: First Belvedere Question! Cameron, First, for Single Family Detached homes the setbacks are categorized by the width of the lots. So "SF 30'-40"' is the range of single family lot width that the setbacks below that apply to. If this is for the Belvedere Block 10, that we previously had the meetings about, so far they are only showning townhouses, but it was my understanding they will have single family detached shown in the second portion of Block 10. For townhomes it the setbacks are specified under the "Townhouse" column. Please not that the front are not "setback" in the traditional sense, they are "Build -to" lines. The buildings have to fall into that range (8'-16'). The very tricky thing here, if the submission you are reviewing is Block 10, is that what they have proposed is not yet allowed in the C.O.D. Therefore, when they submit the special exception to allow the townhome lots in Block 10 need to look at what they have submitted and make sure changes to Table 9 would be required to do what they are proposing. Second, we need to make sure that you have the most current information on setbacks. Do you already have copies of all the approved special exception since the C.O.D. was last updated so that you could make sure the setbacks/build-to lines were not impacted. Things have been so crazy that I do not remember if we have ensured you have a copy of all of the approved ones. Thanks, Paty Saternye Senior Planner Albemarle County From: Cameron Langille <blangille@albemarle.org> Sent: Monday, March 23, 2020 5:12 PM 206 To: Patricia Saternye <paaternye@albemarle.org> Cc: Rebecca Ragsdale <rragsdale@albemarle.org> Subject: First Belvedere Question! Hi Paty, I got my first Belvedere application a couple weeks ago. I'm going through the COD and looking at lot regulation sections for setbacks. I noticed in the table on page 37 that there are different classes of single family structures. Specifically, they are broken into groups like SF30'40' and others. Can you explain to me what the numbers mean in those groups, and how have we typically tracked what version gets built on lots? Thanks for your help, Cameron Cameron Langille I Senior Planner Community Development Department Planning Division blangille@albemarle.org (434) 296-5832 ext. 3432 207 Cameron Langille From: Cameron Langille Sent: Tuesday, March 24, 2020 9:32 AM To: Patricia Saternye; Andy Herrick Subject: RE: Sidewalk Easement Andy, As Paty said, I am the one reviewing that application. Let me know if you need to discuss it further. From: Patricia Saternye <psaternye@albemarle.org> Sent: Tuesday, March 24, 2020 9:31 AM To: Andy Herrick <aherrick@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: Re: Sidewalk Easement Andy, I'm not the reviewer on that one, Cameron is so I have copied him on this email. That is SUB2020-48. Thanks, Paty Saternye Senior Planner Albemarle County From: Andy Herrick <aherrick@albemarle.org> Sent: Tuesday, March 24, 2020 9:25 AM To: Patricia Saternye <psaternve@albemarle.ore> Subject: FW: Sidewalk Easement Paty, Are you the reviewer for this phase of Belvedere? Have you been asked to approve sidewalks on private lots? Thanks. Andy Herrick Deputy County Attorney Notice: This email may contain attorney-c ieut privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. 208 From: Garrett Smith <gsmith@resortscompanies.com> Sent: Monday, March 23, 2020 5:14 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Sidewalk Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: New Belvedere, Inc. has been required to reconfigure some sidewalks to conform them to VDOT maximum approach angle standards for sidewalk ramps that came into effect after VDOT approved and before we built the sidewalks. This lead the sidewalk improvements encroaching slightly into the 8 of our corner lots. We are required to dedicate small variable width public access easements to the County where these sidewalk encroachments exist. Does your office have language you require for the deeds to such easements? The easement plat is attached. Thank you for any guidance you can provide. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SprinKCreekLiving.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 209 Cameron Langille From: Patricia Saternye Sent: Tuesday, March 24, 2020 9:31 AM To: Andy Herrick Cc: Cameron Langille Subject: Re: Sidewalk Easement Andy, I'm not the reviewer on that one, Cameron is so I have copied him on this email. That is SUB2020-48. Thanks, Paty Saternye Senior Planner Albemarle County From: Andy Herrick <aherrick@albemarle.org> Sent: Tuesday, March 24, 2020 9:25 AM To: Patricia Saternye <paaternye@albemarle.org> Subject: FW: Sidewalk Easement Paty, Are you the reviewer for this phase of Belvedere? Have you been asked to approve sidewalks on private lots? Thanks. Andy Herrick Deputy County Attorney Notice: This email may contain attomeyrc ieut privileged information, privileged work product or other confidential infomation. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Garrett Smith <gsmith@resortscompanies.com> Sent: Monday, March 23, 2020 5:14 PM To: Andy Herrick <aherrick@albemarle.org> Subject: Sidewalk Easement CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy: New Belvedere, Inc. has been required to reconfigure some sidewalks to conform them to VDOT maximum approach angle standards for sidewalk ramps that came into effect after VDOT approved and before we built the sidewalks. This lead the sidewalk improvements encroaching slightly into the 8 of our corner lots. We are required to dedicate small variable width public access easements to the County where these sidewalk encroachments exist. Does your office have 210 language you require for the deeds to such easements? The easement plat is attached. Thank you for any guidance you can provide. Garrett M. Smith, Esq. I New Belvedere, Inc. P.O. Box 7505 1 Charlottesville, VA 22906 0: (434) 220-7735 1 F: (434) 973-5217 1 M: (434) 960-7775 GSmith@SprinKCreekLiving.com �L �RF CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information and/or may otherwise be protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you believe you are not the intended recipient, please notify the sender by reply e-mail and permanently delete and/or destroy all copies of the original message and any attachment thereto. 211 Cameron Langille From: Patricia Saternye Sent: Tuesday, March 24, 2020 9:28 AM To: Rebecca Ragsdale; Cameron Langille Subject: Re: First Belvedere Question! Cameron, #56 & 57 were withdrawn. Rebecca, Do you have quick and easy access to the signed versions, with action letters, of any approved variations 58- 60? If not let me if I should spend some time digging in Granicus etc. I think I have most of #59 (unit changes in Block 10), including the signed resolution, but I don't have the action letter cover sheet for it. I'm not sure if I ever received the signed or action letter versions of #58 and #60. #58 is the Carriage House changes, and I think #60 are the Block 4 recreational amenities changes. Thanks, Paty Saternye Senior Planner Albemarle County From: Cameron Langille <blangille@albemarle.org> Sent: Monday, March 23, 2020 5:43 PM To: Patricia Saternye <paaternye@albemarle.org> Cc: Rebecca Ragsdale <ragsdale@albemarle.org> Subject: RE: First Belvedere Question! Hi Paty, Thanks for clearing that up with the setback/frontage question. This isn't for Block 10, this is Block 7 where they're just trying to do some easements on a few lots. Attached are the approved special exceptions I have. Looks like I need variations 56-60. -Cameron From: Patricia Saternye <psaternye@albemarle.org> Sent: Monday, March 23, 2020 5:37 PM To: Cameron Langille <blangille@albemarle.org> 212 Cc: Rebecca Ragsdale <rragsdale@albemarle.org> Subject: Re: First Belvedere Question! Cameron, First, for Single Family Detached homes the setbacks are categorized by the width of the lots. So "SF 30'-40"' is the range of single family lot width that the setbacks below that apply to. If this is for the Belvedere Block 10, that we previously had the meetings about, so far they are only showning townhouses, but it was my understanding they will have single family detached shown in the second portion of Block 10. For townhomes it the setbacks are specified under the "Townhouse" column. Please not that the front are not "setback" in the traditional sense, they are "Build -to" lines. The buildings have to fall into that range (8'-16'). The very tricky thing here, if the submission you are reviewing is Block 10, is that what they have proposed is not yet allowed in the C.O.D. Therefore, when they submit the special exception to allow the townhome lots in Block 10 need to look at what they have submitted and make sure changes to Table 9 would be required to do what they are proposing. Second, we need to make sure that you have the most current information on setbacks. Do you already have copies of all the approved special exception since the C.O.D. was last updated so that you could make sure the setbacks/build-to lines were not impacted. Things have been so crazy that I do not remember if we have ensured you have a copy of all of the approved ones. Thanks, Paty Saternye Senior Planner Albemarle County From: Cameron Langille <blanxille@albemarle.org> Sent: Monday, March 23, 2020 5:12 PM To: Patricia Saternye <psaternve@albemarle.org> Cc: Rebecca Ragsdale <rragsdale@albemarle.org> Subject: First Belvedere Question! Hi Paty, I got my first Belvedere application a couple weeks ago. I'm going through the COD and looking at lot regulation sections for setbacks. I noticed in the table on page 37 that there are different classes of single family structures. Specifically, they are broken into groups like SF30'40' and others. Can you explain to me what the numbers mean in those groups, and how have we typically tracked what version gets built on lots? Thanks for your help, Cameron Cameron Langille I Senior Planner Community Development Department Planning Division blanxille@albemarle.org (434) 296-5832 ext. 3432 213 214 Cameron Langille From: Cameron Langille Sent: Monday, March 23, 2020 6:17 PM To: Kevin McDermott; Frank Pohl Subject: RE: SUB202000004 Belvedere Easement Plat Thanks Kevin. You can go ahead and write that exact info in CV and I will send it to the applicant along with my other review comments. For background info —this issue came up because VDOT recently decided that improvements outside of the ROW need these agreements, correct? Like, this whole thing was started by VDOT because of a new policy or regulation of theirs and not the County? From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 5:53 PM To: Cameron Langille <blangille@albemarle.org>; Frank Pohl <fpohl@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Let me know what you need on it Cameron but unless something is worked out I would plan to comment in County view that the applicant needs to provide information on why they are unable to get the facilities within the RoW and outline the need for a maintenance agreement with the County and possibly a need to wait for approval on an agreement between the County and VDOT. The agreements may need to go to the Board for approval depending on the outcomes of the May meeting where we will be discussing this with the Board. Let me know if you need any additional background or assistance. Kevin From: Cameron Langille <blangille@albemarle.org> Sent: Monday, March 23, 2020 5:04 PM To: Frank Pohl <fpohl@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat I have not spoken with the applicant about this one yet. I was unaware that this application was even coming in until it was assigned to me two weeks ago. I haven't dived into this one yet, but I suspect that they are trying to do easements instead of revising the ROW because of either minimum lot size requirements or setbacks. I'm going to try and look at this one in the coming days to see what the Belvedere Code of Development requires foe the lots to verify this. In the mean time, I think it's a good idea to push back on them and tell them to either revise the ROW, or provide us verification that they can't meet a development standard requirements (whatever it is, setbacks or something else) as Frank suggests. Let me know your thoughts, Cameron 215 From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:58 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat If it is setbacks, I say they should show us why it won't work. I assume VDOT would allow the right of way to jog at those corners, but they will need to confirm. Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:54 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat I have not. These may have been distributed last week but I just saw it for the first time today. It's possible that Cameron and I had a brief discussion on this a few weeks ago because we knew this was coming in but I can't remember if this was a the application that discussion was about. Cameron, do you know if they could find a way to get these into the ROW? What are the limitations pushing these outside of the ROW? Thanks, Kevin From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:45 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Have you or Cameron pushed back on the applicant to adjust the right-of-way to include those areas? Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:34 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat 216 Sorry SUB2020000048. From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:32 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Kevin, I am seeing SUB2020-00004 as Berkmar Overlook Road Plans. Please confirm so I can look up the submittal. Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:21 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: SUB202000004 Belvedere Easement Plat Are these subject easement plats assumed to be ones that will fall under the agreement we are going to the Board with in May? That would mean we would need an agreement b/t the developer and the County for future maintenance but we shouldn't be approving these until we have that agreement in place. Let me know if I am missing something here. Thanks, Kevin Kevin M. McDermott Principal Planner — Transportation Albemarle County 401 McIntire Road Charlottesville, VA 22902 (434) 296-5832 Ext. 3414 kmcdermottc&albemarle.orq 217 Cameron Langille From: Kevin McDermott Sent: Monday, March 23, 2020 5:53 PM To: Cameron Langille; Frank Pohl Subject: RE: SUB202000004 Belvedere Easement Plat Let me know what you need on it Cameron but unless something is worked out I would plan to comment in County view that the applicant needs to provide information on why they are unable to get the facilities within the RoW and outline the need for a maintenance agreement with the County and possibly a need to wait for approval on an agreement between the County and VDOT. The agreements may need to go to the Board for approval depending on the outcomes of the May meeting where we will be discussing this with the Board. Let me know if you need any additional background or assistance. Kevin From: Cameron Langille <blangille@albemarle.org> Sent: Monday, March 23, 2020 5:04 PM To: Frank Pohl <fpohl@albemarle.org>; Kevin McDermott <kmcdermott@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat I have not spoken with the applicant about this one yet. I was unaware that this application was even coming in until it was assigned to me two weeks ago. I haven't dived into this one yet, but I suspect that they are trying to do easements instead of revising the ROW because of either minimum lot size requirements or setbacks. I'm going to try and look at this one in the coming days to see what the Belvedere Code of Development requires foe the lots to verify this. In the mean time, I think it's a good idea to push back on them and tell them to either revise the ROW, or provide us verification that they can't meet a development standard requirements (whatever it is, setbacks or something else) as Frank suggests. Let me know your thoughts, Cameron From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:58 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat If it is setbacks, I say they should show us why it won't work. I assume VDOT would allow the right of way to jog at those corners, but they will need to confirm. Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 218 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:54 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat I have not. These may have been distributed last week but I just saw it for the first time today. It's possible that Cameron and I had a brief discussion on this a few weeks ago because we knew this was coming in but I can't remember if this was a the application that discussion was about. Cameron, do you know if they could find a way to get these into the ROW? What are the limitations pushing these outside of the ROW? Thanks, Kevin From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:45 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Have you or Cameron pushed back on the applicant to adjust the right-of-way to include those areas? Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:34 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Sorry SUB2020000048. From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:32 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Kevin, I am seeing SUB2020-00004 as Berkmar Overlook Road Plans. Please confirm so I can look up the submittal. Frank V. Pohl, PE, CFM County Engineer 219 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:21 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: SUB202000004 Belvedere Easement Plat Are these subject easement plats assumed to be ones that will fall under the agreement we are going to the Board with in May? That would mean we would need an agreement b/t the developer and the County for future maintenance but we shouldn't be approving these until we have that agreement in place. Let me know if I am missing something here. Thanks, Kevin Kevin M. McDermott Principal Planner — Transportation Albemarle County 401 McIntire Road Charlottesville, VA 22902 (434) 296-5832 Ext. 3414 kmcdermott(&albemarle.org 220 Cameron Langille From: Cameron Langille Sent: Monday, March 23, 2020 5A3 PM To: Patricia Saternye Cc: Rebecca Ragsdale Subject: RE: First Belvedere Question! Attachments: Code of Development Updated 7 22 14 _thru Variation 52.pdf, ZMA200400007 Belvedere (SE) 11.7.18 BOS action variations 53 54 55.pdf Hi Paty, Thanks for clearing that up with the setback/frontage question. This isn't for Block 10, this is Block 7 where they're just trying to do some easements on a few lots. Attached are the approved special exceptions I have. Looks like I need variations 56-60. -Cameron From: Patricia Saternye <psaternye@albemarle.org> Sent: Monday, March 23, 2020 5:37 PM To: Cameron Langille <blangille@albemarle.org> Cc: Rebecca Ragsdale <ragsdale@albemarle.org> Subject: Re: First Belvedere Question! Cameron, First, for Single Family Detached homes the setbacks are categorized by the width of the lots. So "SF 30'-40"' is the range of single family lot width that the setbacks below that apply to. If this is for the Belvedere Block 10, that we previously had the meetings about, so far they are only showning townhouses, but it was my understanding they will have single family detached shown in the second portion of Block 10. For townhomes it the setbacks are specified under the "Townhouse" column. Please not that the front are not "setback" in the traditional sense, they are "Build -to" lines. The buildings have to fall into that range (8'-16'). The very tricky thing here, if the submission you are reviewing is Block 10, is that what they have proposed is not yet allowed in the C.O.D. Therefore, when they submit the special exception to allow the townhome lots in Block 10 need to look at what they have submitted and make sure changes to Table 9 would be required to do what they are proposing. Second, we need to make sure that you have the most current information on setbacks. Do you already have copies of all the approved special exception since the C.O.D. was last updated so that you could make sure the setbacks/build-to lines were not impacted. Things have been so crazy that I do not remember if we have ensured you have a copy of all of the approved ones. Thanks, Paty Saternye 221 Senior Planner Albemarle County From: Cameron Langille <blaneille@albemarle.org> Sent: Monday, March 23, 2020 5:12 PM To: Patricia Saternye <psaternye@albemarle.org> Cc: Rebecca Ragsdale <rragsdale@albemarle.org> Subject: First Belvedere Question! Hi Paty, I got my first Belvedere application a couple weeks ago. I'm going through the COD and looking at lot regulation sections for setbacks. I noticed in the table on page 37 that there are different classes of single family structures. Specifically, they are broken into groups like SF30'40' and others. Can you explain to me what the numbers mean in those groups, and how have we typically tracked what version gets built on lots? Thanks for your help, Cameron Cameron Langille I Senior Planner Community Development Department Planning Division blaneille@albemarle.org (434) 296-5832 ext. 3432 222 Cameron Langille From: Patricia Saternye Sent: Monday, March 23, 2020 5:37 PM To: Cameron Langille Cc: Rebecca Ragsdale Subject: Re: First Belvedere Question! Cameron, First, for Single Family Detached homes the setbacks are categorized by the width of the lots. So "SF 30'-40"' is the range of single family lot width that the setbacks below that apply to. If this is for the Belvedere Block 10, that we previously had the meetings about, so far they are only showning townhouses, but it was my understanding they will have single family detached shown in the second portion of Block 10. For townhomes it the setbacks are specified under the "Townhouse" column. Please not that the front are not "setback" in the traditional sense, they are "Build -to" lines. The buildings have to fall into that range (8'-16'). The very tricky thing here, if the submission you are reviewing is Block 10, is that what they have proposed is not yet allowed in the C.O.D. Therefore, when they submit the special exception to allow the townhome lots in Block 10 need to look at what they have submitted and make sure changes to Table 9 would be required to do what they are proposing. Second, we need to make sure that you have the most current information on setbacks. Do you already have copies of all the approved special exception since the C.O.D. was last updated so that you could make sure the setbacks/build-to lines were not impacted. Things have been so crazy that I do not remember if we have ensured you have a copy of all of the approved ones. Thanks, Paty Saternye Senior Planner Albemarle County From: Cameron Langille <blangille@albemarle.org> Sent: Monday, March 23, 2020 5:12 PM To: Patricia Saternye <paaternye@albemarle.org> Cc: Rebecca Ragsdale <ragsdale@albemarle.org> Subject: First Belvedere Question! Hi Paty, I got my first Belvedere application a couple weeks ago. I'm going through the COD and looking at lot regulation sections for setbacks. I noticed in the table on page 37 that there are different classes of single family structures. Specifically, they are broken into groups like SF30'40' and others. Can you explain to me what the numbers mean in those groups, and how have we typically tracked what version gets built on lots? Thanks for your help, 223 Cameron Cameron Langille I Senior Planner Community Development Department Planning Division blangille@albemarle.org (434) 296-5832 ext. 3432 224 Cameron Langille From: Cameron Langille Sent: Monday, March 23, 2020 5:12 PM To: Patricia Saternye Cc: Rebecca Ragsdale Subject: First Belvedere Question! Hi Paty I got my first Belvedere application a couple weeks ago. I'm going through the COD and looking at lot regulation sections for setbacks. I noticed in the table on page 37 that there are different classes of single family structures. Specifically, they are broken into groups like SF30'40' and others. Can you explain to me what the numbers mean in those groups, and how have we typically tracked what version gets built on lots? Thanks for your help, Cameron Cameron Langille ) Senior Planner Community Development Department Planning Division blangille(cDalbemarle.org (434) 296-5832 ext. 3432 225 Cameron Langille From: Cameron Langille Sent: Monday, March 23, 2020 5:04 PM To: Frank Pohl; Kevin McDermott Subject: RE: SUB202000004 Belvedere Easement Plat I have not spoken with the applicant about this one yet. I was unaware that this application was even coming in until it was assigned to me two weeks ago. I haven't dived into this one yet, but I suspect that they are trying to do easements instead of revising the ROW because of either minimum lot size requirements or setbacks. I'm going to try and look at this one in the coming days to see what the Belvedere Code of Development requires foe the lots to verify this. In the mean time, I think it's a good idea to push back on them and tell them to either revise the ROW, or provide us verification that they can't meet a development standard requirements (whatever it is, setbacks or something else) as Frank suggests. Let me know your thoughts, Cameron From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:58 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat If it is setbacks, I say they should show us why it won't work. I assume VDOT would allow the right of way to jog at those corners, but they will need to confirm. Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:54 PM To: Frank Pohl <fpohl@albemarle.ore>; Cameron Langille <blanRille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat I have not. These may have been distributed last week but I just saw it for the first time today. It's possible that Cameron and I had a brief discussion on this a few weeks ago because we knew this was coming in but I can't remember if this was a the application that discussion was about. Cameron, do you know if they could find a way to get these into the ROW? What are the limitations pushing these outside of the ROW? Thanks, 226 Kevin From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:45 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Have you or Cameron pushed back on the applicant to adjust the right-of-way to include those areas? Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:34 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Sorry SUB2020000048. From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:32 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Kevin, I am seeing SUB2020-00004 as Berkmar Overlook Road Plans. Please confirm so I can look up the submittal. Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:21 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: SUB202000004 Belvedere Easement Plat Are these subject easement plats assumed to be ones that will fall under the agreement we are going to the Board with in May? That would mean we would need an agreement b/t the developer and the County for future maintenance but we shouldn't be approving these until we have that agreement in place. Let me know if I am missing something here. Thanks, 227 Kevin Kevin M. McDermott Principal Planner —Transportation Albemarle County 401 McIntire Road Charlottesville, VA 22902 (434) 296-5832 Ext. 3414 kmcdermott(&albemarle.org 228 Cameron Langille From: Frank Pohl Sent: Monday, March 23, 2020 4:58 PM To: Kevin McDermott; Cameron Langille Subject: RE: SUB202000004 Belvedere Easement Plat If it is setbacks, I say they should show us why it won't work. I assume VDOT would allow the right of way to jog at those corners, but they will need to confirm. Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:54 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat I have not. These may have been distributed last week but I just saw it for the first time today. It's possible that Cameron and I had a brief discussion on this a few weeks ago because we knew this was coming in but I can't remember if this was a the application that discussion was about. Cameron, do you know if they could find a way to get these into the ROW? What are the limitations pushing these outside of the ROW? Thanks, Kevin From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:45 PM To: Kevin McDermott <kmcdermott@albemarle.ore>; Cameron Langille <blaneille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Have you or Cameron pushed back on the applicant to adjust the right-of-way to include those areas? Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) 229 From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:34 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Sorry SUB2020000048. From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:32 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Kevin, I am seeing SUB2020-00004 as Berkmar Overlook Road Plans. Please confirm so I can look up the submittal. Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:21 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: SUB202000004 Belvedere Easement Plat Are these subject easement plats assumed to be ones that will fall under the agreement we are going to the Board with in May? That would mean we would need an agreement b/t the developer and the County for future maintenance but we shouldn't be approving these until we have that agreement in place. Let me know if I am missing something here. Thanks, Kevin Kevin M. McDermott Principal Planner — Transportation Albemarle County 401 McIntire Road Charlottesville, VA 22902 (434) 296-5832 Ext. 3414 kmcdermott(&albemarle.orq 230 Cameron Langille From: Kevin McDermott Sent: Monday, March 23, 2020 4:54 PM To: Frank Pohl; Cameron Langille Subject: RE: SUB202000004 Belvedere Easement Plat I have not. These may have been distributed last week but I just saw it for the first time today. It's possible that Cameron and I had a brief discussion on this a few weeks ago because we knew this was coming in but I can't remember if this was a the application that discussion was about. Cameron, do you know if they could find a way to get these into the ROW? What are the limitations pushing these outside of the ROW? Thanks, Kevin From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:45 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Have you or Cameron pushed back on the applicant to adjust the right-of-way to include those areas? Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:34 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Sorry SUB2020000048. From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:32 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Kevin, I am seeing SUB2020-00004 as Berkmar Overlook Road Plans. Please confirm so I can look up the submittal. Frank V. Pohl, PE, CFM 231 County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:21 PM To: Frank Pohl <fpohl@albemarle.ore>; Cameron Langille <blaneille@albemarle.org> Subject: SUB202000004 Belvedere Easement Plat Are these subject easement plats assumed to be ones that will fall under the agreement we are going to the Board with in May? That would mean we would need an agreement b/t the developer and the County for future maintenance but we shouldn't be approving these until we have that agreement in place. Let me know if I am missing something here. Thanks, Kevin Kevin M. McDermott Principal Planner — Transportation Albemarle County 401 McIntire Road Charlottesville, VA 22902 (434) 296-5832 Ext. 3414 kmcdermott(coalbemarle.org 232 Cameron Langille From: Frank Pohl Sent: Monday, March 23, 2020 4A5 PM To: Kevin McDermott; Cameron Langille Subject: RE: SUB202000004 Belvedere Easement Plat Have you or Cameron pushed back on the applicant to adjust the right-of-way to include those areas? Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:34 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Sorry SUB2020000048. From: Frank Pohl <fPohl @albemarle.org> Sent: Monday, March 23, 2020 4:32 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Kevin, I am seeing SUB2020-00004 as Berkmar Overlook Road Plans. Please confirm so I can look up the submittal. Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:21 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: SUB202000004 Belvedere Easement Plat Are these subject easement plats assumed to be ones that will fall under the agreement we are going to the Board with in May? That would mean we would need an agreement b/t the developer and the County for future maintenance but we shouldn't be approving these until we have that agreement in place. Let me know if I am missing something here. Thanks, 233 Kevin Kevin M. McDermott Principal Planner —Transportation Albemarle County 401 McIntire Road Charlottesville, VA 22902 (434) 296-5832 Ext. 3414 kmcdermott(&albemarle.org 234 Cameron Langille From: Kevin McDermott Sent: Monday, March 23, 2020 4:34 PM To: Frank Pohl; Cameron Langille Subject: RE: SUB202000004 Belvedere Easement Plat Sorry SUB2020000048. From: Frank Pohl <fpohl@albemarle.org> Sent: Monday, March 23, 2020 4:32 PM To: Kevin McDermott <kmcdermott@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202000004 Belvedere Easement Plat Kevin, I am seeing SUB2020-00004 as Berkmar Overlook Road Plans. Please confirm so I can look up the submittal. Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:21 PM To: Frank Pohl <fpohl@albemarle.ore>; Cameron Langille <blaneille@albemarle.ore> Subject: SUB202000004 Belvedere Easement Plat Are these subject easement plats assumed to be ones that will fall under the agreement we are going to the Board with in May? That would mean we would need an agreement b/t the developer and the County for future maintenance but we shouldn't be approving these until we have that agreement in place. Let me know if I am missing something here. Thanks, Kevin Kevin M. McDermott Principal Planner — Transportation Albemarle County 401 McIntire Road Charlottesville, VA 22902 (434) 296-5832 Ext. 3414 kmcdermottc@albemarle.org 235 Cameron Langille From: Frank Pohl Sent: Monday, March 23, 2020 4:32 PM To: Kevin McDermott; Cameron Langille Subject: RE: SUB202000004 Belvedere Easement Plat Kevin, I am seeing SUB2020-00004 as Berkmar Overlook Road Plans. Please confirm so I can look up the submittal. Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Kevin McDermott <kmcdermott@albemarle.org> Sent: Monday, March 23, 2020 4:21 PM To: Frank Pohl <fpohl@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: SUB202000004 Belvedere Easement Plat Are these subject easement plats assumed to be ones that will fall under the agreement we are going to the Board with in May? That would mean we would need an agreement b/t the developer and the County for future maintenance but we shouldn't be approving these until we have that agreement in place. Let me know if I am missing something here. Thanks, Kevin Kevin M. McDermott Principal Planner — Transportation Albemarle County 401 McIntire Road Charlottesville, VA 22902 (434) 296-5832 Ext. 3414 kmcdermottc@albemarle.org 236 Cameron Langille From: Kevin McDermott Sent: Monday, March 23, 2020 4:21 PM To: Frank Pohl; Cameron Langille Subject: SUB202000004 Belvedere Easement Plat Are these subject easement plats assumed to be ones that will fall under the agreement we are going to the Board with in May? That would mean we would need an agreement b/t the developer and the County for future maintenance but we shouldn't be approving these until we have that agreement in place. Let me know if I am missing something here. Thanks, Kevin Kevin M. McDermott Principal Planner — Transportation Albemarle County 401 McIntire Road Charlottesville, VA 22902 (434) 296-5832 Ext. 3414 kmcdermottC(Dalbemarle.org 237 Cameron Langille From: Jennifer Smith - CDD - Planning Sent: Thursday, March 19, 2020 10:34 AM To: Cameron Langille Subject: SUB2020-48 Good morning Cameron: I have uploaded documents to County View for SUB2020-48. Thank you! Jen Smith Intake Support Specialist ll Albemarle County— Community Development 401 McIntire Rd. Charlottesville, VA 22902 (434) 296-5832 ext. 3835 Jsmith2(a) abemarle. org 238 Cameron Langille From: Laserfiche-Notification@albemarle.org Sent: Thursday, March 19, 2020 8:32 AM To: Cameron Langille Cc: CDD Submittal Subject: Re -Submission from CDD Portal - Transaction #00003954 Re -Submission was made to CDD Portal. Please review. Summary of Submission: Project: Belvedere Sidewalk Easement App Number: SUB202000048 Name: Bethany Velasquez Email: bethany@roudabush.com Phone:434-977-0205 Files Submitted: Belv. Sidewalk Esmts.pdf View Files Submitted: http://cob-ificheO3/WebLinkWA/Search.aspx?dbid=2&searchcommand=[[CDD- W ebSubm issions]: [Recei ptNum ber]="00003954"] 239